Banking and Finance Law Commons^™

The Impact Of Bankruptcy Reform On "True Sale" Determination In Securitization Transactions, Steven Schwarcz

Fordham Journal of Corporate & Financial Law

No abstract provided.

Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica

Fordham Journal of Corporate & Financial Law

No abstract provided.

Means Testing Consumer Bankruptcy: The Problem Of Means, Jean Braucher

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Problem Of Corporate Groups, A Comment On Professor Ziegel, Robert K. Rasmussen

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Soft-Landing Fallacy And Consumer Debtors, Barry E. Adler

Fordham Journal of Corporate & Financial Law

No abstract provided.

Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric Posner

Fordham Journal of Corporate & Financial Law

No abstract provided.

Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White

Fordham Journal of Corporate & Financial Law

No abstract provided.

Mandatory Bankruptcy Counseling: The Canadian Experience, Lain Ramsay

Fordham Journal of Corporate & Financial Law

No abstract provided.

On The Liability Of Corporate Directors To Holders Of Securities For Illegal Corporate Acts: Can The Tension Between The "Net-Loss" And "No-Duty-To-Disclose" Rules Be Resolved, Geoffrey Rapp

Fordham Journal of Corporate & Financial Law

No abstract provided.

Constitutional Economics And The Bank Of Russia, Peter Barenboim

Fordham Journal of Corporate & Financial Law

No abstract provided.

Response: Small Business Reorganization And The Sabre Proposals, Joseph A. Guzinsky

Fordham Journal of Corporate & Financial Law

No abstract provided.

Response To Eric Posner, Jean Braucher

Fordham Journal of Corporate & Financial Law

No abstract provided.

But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White

Fordham Journal of Corporate & Financial Law

No abstract provided.

Corporate Groups And Crossborder Insolvencies: A Canada- United States Perspective, Jacob Zeigel

Fordham Journal of Corporate & Financial Law

No abstract provided.

The A.A. Sommer Annual Lecture On Corporate Securities & Financial Law, Foreward, John F.X. Peloso

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Political Economy Of Canada's "Widely Held" Rule For Large Banks, Eric J. Gouvin

Faculty Scholarship

All of the recent changes in foreign access to Canada's banking market have been essentially cosmetic-appearing to make foreign access more liberal while in reality changing the status quo very little. On one point, the so-called widely held rule, Canada does not even bother to pretend that its banking law is friendly to foreign entrants. Under this rule, no person or group may control ten percent or more of a Schedule I bank unless one first obtains the approval of the Minster of Finance. This rule makes foreign acquisition of a Schedule I bank virtually impossible. The widely held rule …

Securities Fraud In Cyberspace: Reaching The Outer Limits Of The Federal Securities Laws, Constance Z. Wagner

All Faculty Scholarship

This article discusses the increasing use of the Internet for securities transactions, the growth of securitiesfraud perpetrated through that medium and the Securities and Exchange Commission (“SEC”) enforcement program initiated to combat it. The author critiques the position taken by the SEC that the existing anti-fraudprovisions of the federal securities laws can be stretched to cover Internet fraud. Using an enforcement action brought by the SEC against an online stock trading guru named Tokyo Joe as an example of the confused jurisprudence that results when pre-cyberspace law is applied to securities fraud in cyberspace, the author proposes a different regulatory …

The Changing Nature Of Federal Regulation - Dedications, Joel Seligman

Scholarship@WashULaw

In 1911 the failure of state corporation statutes to prevent securities fraud gave rise to the first significant legislative response when Kansas enacted the first well known state securities law. The law was popularly known as a “blue sky” law, because its intention was to check stock swindlers so barefaced that they “would sell building lots in the blue sky.”

After the U.S. Supreme court held that the blue sky law was constitutional in 1917, the blue sky movement swept the country. By 1933 every state except Nevada had a state securities law in effect.

Arbitration Of Truth-In-Lending-Act Claims, Marshall E. Tracht

Articles & Chapters

In recent years, it has become increasingly common for lenders to include arbitration clauses in their consumer financing agreements. While federal law strongly supports the enforceability of arbitration provisions, there are a number of grounds on which their enforceability can be, and has been, challenged.

This article summarizes the state of the law on a number of major issues which have arisen in the attempt to use arbitration clauses in consumer financing agreements, focusing on Truth-in-Lending Act claims, including an analysis of the Supreme Court's recent decision in Green Tree Financial Corp. v. Randolph.

Popular Images Of Bankers Reflected In Regulation, Heidi Mandanis Schooner

Scholarly Articles

No abstract provided.

My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins

Richmond Journal of Law & Technology

Online auctions for goods are currently a popular and lucrative form of e-commerce, but present special problems of trust and fraud prevention, because most deals involve buyers and sellers who do not know each other and are separated by distance. Online auctions for goods have been largely unregulated by formal laws. For that reason, trust-building and fraud prevention have primarily been accomplished through creative private regulatory models implemented by the auction houses themselves. This Comment examines one popular model, a registration and feedback system pioneered by the leading online auction company, eBay. Under this system, a user builds a public …

Information Technology And Non-Legal Sanctions In Financing Transactions, Ronald J. Mann

Faculty Scholarship

This Essay investigates the effect of advances in information technology on the private institutions that businesses use to resolve information asymmetries in financing transactions. The first part of the Essay discusses how information technology can permit direct verification of the information, obviating the problem entirely; the Essay discusses the example of the substitution of the debit card for the check, which provides an immediate payment that obviates the need for the merchant to consider whether payment will be forthcoming when the check is presented to the bank on which it is drawn.

The second part of the Essay discusses how …

Lessons From The Ngo Campaign Against The Second Review Of The World Bank Inspection Panel: A Participant's Perspective, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Financial Modernization: The Effect Of The Repeal Of The Glass-Steagall Act On Consumers And Communities, Richard D. Marsico

Articles & Chapters

No abstract provided.

Enforcing The Community Reinvestment Act: An Advocate's Guide To Making The Cra Work For Communities, Richard D. Marsico

Articles & Chapters

This guide to the Community Reinvestment Act (CRA) is designed to provide community advocates with the basic information and skills they need to challenge bank redlining and promote economic development in their neighborhoods. The Guide includes four sections: the legal structure of the CRA; important information about banks and how to get it; analyzing a bank's CRA records, and participating in the CRA enforcement process.

Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico

Articles & Chapters

This paper analyzes home mortgage lending patterns in the New York Metropolitan Area. It examines lending to four particular underserved populations: minority persons, predominantly minority neighborhoods; low-income persons; and low-income neighborhoods. The paper compares lending to these populations to lending to control groups and over time in order to evaluate whether the needs of the underserved populations are being met. The paper also analyzes the records of individual lenders at meeting the credit needs of those four populations and ranks the lenders accordingly. The paper also analyzes trends in subprime lending to these four populations.

Demutualization Of Financial Exchanges: Business As Usual?, Caroline Bradley

Articles

No abstract provided.

Federal Money Laundering Crimes-Should Direct Tracing Of Funds Be Required?, Joseph R. Miller

Kentucky Law Journal

No abstract provided.

Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson

Cardozo Law Review

No abstract provided.