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Banking and Finance Law Commons™

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2004

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Institution
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Publication
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Articles 31 - 60 of 120

Full-Text Articles in Banking and Finance Law

Preemption And The North Carolina Predatory Lending Law, C. Bailey King Jr. Apr 2004

Preemption And The North Carolina Predatory Lending Law, C. Bailey King Jr.

North Carolina Banking Institute

No abstract provided.


Third Circuit's Decision In Roberts V. Fleet Bank: Thinking Outside Of The Schummer Box Or Consumerism Gone Berserk, John A. Marold Apr 2004

Third Circuit's Decision In Roberts V. Fleet Bank: Thinking Outside Of The Schummer Box Or Consumerism Gone Berserk, John A. Marold

North Carolina Banking Institute

No abstract provided.


Tying: Enhancing Competition Through The Bank Holding Company, David R. Kinman Apr 2004

Tying: Enhancing Competition Through The Bank Holding Company, David R. Kinman

North Carolina Banking Institute

No abstract provided.


Hipaa: Demystifying The Implications For Financial Institutions, Jessica M. Lewis Apr 2004

Hipaa: Demystifying The Implications For Financial Institutions, Jessica M. Lewis

North Carolina Banking Institute

No abstract provided.


The Dark Side Of Derivatives: A Book Note On Infectious Greed: How Deceit And Risk Corrupted The Financial Markets By Frank Partnoy, Monica S. Tew Apr 2004

The Dark Side Of Derivatives: A Book Note On Infectious Greed: How Deceit And Risk Corrupted The Financial Markets By Frank Partnoy, Monica S. Tew

North Carolina Banking Institute

No abstract provided.


The Legal Giants That Propelled North Corolina Banks To National Prominence: Paul J. Polking, Marion A. Cowell, And Jerone C. Herring, Lissa L. Broome Apr 2004

The Legal Giants That Propelled North Corolina Banks To National Prominence: Paul J. Polking, Marion A. Cowell, And Jerone C. Herring, Lissa L. Broome

North Carolina Banking Institute

No abstract provided.


The Federal Reserve's Proposed Interpretation Regarding The Anti-Tying Restrictions Of Section 106 Of The Bank Holding Company Act Amendments Of 1970, Richard K. Kim Apr 2004

The Federal Reserve's Proposed Interpretation Regarding The Anti-Tying Restrictions Of Section 106 Of The Bank Holding Company Act Amendments Of 1970, Richard K. Kim

North Carolina Banking Institute

No abstract provided.


Problems With Potential Application Of Selected Provisions Of The Sarbanes-Oxley Act Of 2002 To Small, Non-Public Banking Organizations, Jonathan A. Treadway Apr 2004

Problems With Potential Application Of Selected Provisions Of The Sarbanes-Oxley Act Of 2002 To Small, Non-Public Banking Organizations, Jonathan A. Treadway

North Carolina Banking Institute

No abstract provided.


Federal Preemption And The Challenge To Maintain Balance In The Dual Banking System, Robert C. Eager, C. F. Muckenfuss Iii Apr 2004

Federal Preemption And The Challenge To Maintain Balance In The Dual Banking System, Robert C. Eager, C. F. Muckenfuss Iii

North Carolina Banking Institute

No abstract provided.


Financial Literacy, Regulation And Consumer Welfare, Joseph A. Smith Jr. Apr 2004

Financial Literacy, Regulation And Consumer Welfare, Joseph A. Smith Jr.

North Carolina Banking Institute

No abstract provided.


The New Rule 10b-18: How The Wachovia Merger Continues To Plague The Future Of The Banking Industry, James E. Langston Jr. Apr 2004

The New Rule 10b-18: How The Wachovia Merger Continues To Plague The Future Of The Banking Industry, James E. Langston Jr.

North Carolina Banking Institute

No abstract provided.


Bounce Protection: Payday Lending In Sheep's Clothing, Owen B. Asplundh Apr 2004

Bounce Protection: Payday Lending In Sheep's Clothing, Owen B. Asplundh

North Carolina Banking Institute

No abstract provided.


The Proposed Regulatory Changes To Fannie Mae And Freddie Mac: An Analysis, Jason T. Strickland Apr 2004

The Proposed Regulatory Changes To Fannie Mae And Freddie Mac: An Analysis, Jason T. Strickland

North Carolina Banking Institute

No abstract provided.


The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel Apr 2004

The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Securitization Post-Enron, Steven L. Schwarcz Apr 2004

Securitization Post-Enron, Steven L. Schwarcz

Cardozo Law Review

No abstract provided.


Chuck And Steve's Peccadillo, James J. White Apr 2004

Chuck And Steve's Peccadillo, James J. White

Cardozo Law Review

No abstract provided.


Secured Lending And Its Uncertain Future, Douglas G. Baird Apr 2004

Secured Lending And Its Uncertain Future, Douglas G. Baird

Cardozo Law Review

No abstract provided.


The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr. Apr 2004

The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr.

Cardozo Law Review

No abstract provided.


Book Review: Benjamin Geva, Bank Collections And Payment Transactions, Arnold S. Rosenberg Mar 2004

Book Review: Benjamin Geva, Bank Collections And Payment Transactions, Arnold S. Rosenberg

ExpressO

The author reviews Geva, Bank Collections and Payment Transactions (Oxford University Press, 2001). The book is the first comprehensive work on the comparative law of checks and electronic funds transfers, and attempts to identify a universal "law merchant" governing checks and electronic funds transfers in these bodies of law.


The Evolving Law On The Eurobank—Customer Relationship And The Common Law., Edmund M. Kwaw Mar 2004

The Evolving Law On The Eurobank—Customer Relationship And The Common Law., Edmund M. Kwaw

ExpressO

The traditional common law rules respecting the banker-customer relationship are based on the notion that money on deposit is physical cash that has a location. Since eurocurrency deposits are book entries and not deposits of cash, this approach gives rise to problems when it is applied to the relationship between a eurobank and its customer. Thus far, decisions involving eurocurrency market deposits have been far from certain as to whether the traditional common law or a modified approach applies to the relatoinship between the eurobank and its customer. There is the need for Courts to introduce clarity and certainty into …


Banking The Poor, Michael S. Barr Mar 2004

Banking The Poor, Michael S. Barr

Law & Economics Working Papers Archive: 2003-2009

Low-income households often lack access to banking accounts and face high costs for transacting basic financial services through check cashers and other alternative financial service providers. These families find it more difficult to save and plan financially for the future. Living paycheck to paycheck leaves them vulnerable to medical or job emergencies that may endanger their financial stability, and lack of longer-term savings undermines their ability to improve skills, purchase a home, or send their children to college. Additionally, high cost financial services and inadequate access to bank accounts may undermine widely-shared societal goals of reducing poverty, moving families from …


Overoptimism And Overborrowing, Richard M. Hynes Mar 2004

Overoptimism And Overborrowing, Richard M. Hynes

BYU Law Review

No abstract provided.


Proprietary Relief Without Rescission, Hang Wu Tang Mar 2004

Proprietary Relief Without Rescission, Hang Wu Tang

Research Collection Yong Pung How School Of Law

The decision of the Court of Appeal in Halley v. The Law Society [2003] EWCA Civ 97 has the potential to muddy the waters of the law of rescission. It is a fundamental principle that a fraudulent misrepresentation renders a contract voidable at the instance of the representee (Bristol and West Building Society v. Mothew [1998] Ch. 1, 22). Modern authorities suggest that the representee does not have any proprietary interest in property transferred by him pursuant to the contract before rescission (see Bristol and West Building Society v. Mothew [1998] Ch. 1, 22-23; Twinsectra Ltd. v. Yardley [1999] Lloyd's …


A Comparative Empirical Investigation Of Agency And Market Theories Of Insider Trading, Laura N. Beny Feb 2004

A Comparative Empirical Investigation Of Agency And Market Theories Of Insider Trading, Laura N. Beny

Law & Economics Working Papers Archive: 2003-2009

The paper summarizes various agency cost and market theories of insider trading propounded over the course of the perennial law and economics debate over insider trading. The paper then suggests three testable hypotheses regarding the relationship between insider trading laws and several measures of financial performance. Using international data and alternative regression specifications, the paper finds that more stringent insider trading laws and enforcement are generally associated with greater ownership dispersion, greater stock price accuracy and greater stock market liquidity. This set of findings provides empirical support to theoretical arguments in favor of more stringent insider trading legislation and enforcement.


After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares Feb 2004

After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares

ExpressO

This paper focuses on curtailing the corruption inherent in the lending practices of the IMF and, subsequently, preventing another economic disaster as has occurred in Argentina. In fact, if it is at all to succeed in future attempts to restore a state’s monetary and fiscal standing, the IMF should incorporate language of the Accounting and Record-keeping provisions of the U.S. Foreign Corrupt Practices Act into its loan agreement policies, thereby conditioning its loans upon transparency and good governance over borrowed funds. Part I of this article introduces corruption and its affect on international lending. Part II describes the IMF and …


Hold The Line Against Diluting Anti-Predatory Lending Law, Baher Azmy, David J. Reiss Jan 2004

Hold The Line Against Diluting Anti-Predatory Lending Law, Baher Azmy, David J. Reiss

Cornell Law Faculty Working Papers

Last month, the New Jersey Legislature held off an attempt by certain elements of the lending industry to eviscerate the recently enacted Home Ownership Security Act. Those same elements, however, are regrouping as the new session begins, hoping to take another swipe at the act. Legislators should oppose this assault, because the measure maintains a good balance between reducing mortgage abuses and preserving a healthy residential mortgage market.


International Project Finance: Risk Analysis Andregulatory Concerns, Michael P. Malloy Jan 2004

International Project Finance: Risk Analysis Andregulatory Concerns, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.


Panel One: Unfunding Terror--Perspectives On Unfundingterror: Commentary, Michael P. Malloy Jan 2004

Panel One: Unfunding Terror--Perspectives On Unfundingterror: Commentary, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.


In Pursuit Of Safety And Soundness: An Analysis Of The Occ's Anti-Predatory Lending Standard, Diana Mcmonagle Jan 2004

In Pursuit Of Safety And Soundness: An Analysis Of The Occ's Anti-Predatory Lending Standard, Diana Mcmonagle

Fordham Urban Law Journal

In order to combat the escalating problem of predatory lending, the Office of the Comptroller of the Currency (“OCC”), a federal regulator of the national banking industry, issued a Final Rule in 2004 which sets forth a uniform federal standard to guide banking policies on predatory practices and to aid regulator’s identification of predatory loans. The anti-predatory standard states that “a national bank shall not make a consumer loan . . . based predominantly on the bank’s realization of the foreclosure or liquidation value of the borrower’s collateral, without regard to the borrower’s ability to repay the loan according to …


Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay Jan 2004

Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay

Sustainable Development Law & Policy

No abstract provided.