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Articles 91 - 120 of 120
Full-Text Articles in Banking and Finance Law
The Fourth Annual A.A. Sommer, Jr., Lecture On Corporate, Securities & Financial Law, William J. Mcdonough, William Michael Treanor, John Fx Peloso, Jill E. Fisch
The Fourth Annual A.A. Sommer, Jr., Lecture On Corporate, Securities & Financial Law, William J. Mcdonough, William Michael Treanor, John Fx Peloso, Jill E. Fisch
Fordham Journal of Corporate & Financial Law
No abstract provided.
Regulation Fd-Fairly Disruptive? An Increase In Capital Market Inefficiency, Peter Talosig Iii
Regulation Fd-Fairly Disruptive? An Increase In Capital Market Inefficiency, Peter Talosig Iii
Fordham Journal of Corporate & Financial Law
No abstract provided.
Debt Investments In Competitors Under The Federal Antitrust Laws, Hanno F. Kaiser
Debt Investments In Competitors Under The Federal Antitrust Laws, Hanno F. Kaiser
Fordham Journal of Corporate & Financial Law
No abstract provided.
Risk Management For The Age Of Information – The New Financial Order: Risk In The 21st Century, Robert J. Shiller, Princeton University Press, 2003, Michael Pereira
Risk Management For The Age Of Information – The New Financial Order: Risk In The 21st Century, Robert J. Shiller, Princeton University Press, 2003, Michael Pereira
Fordham Journal of Corporate & Financial Law
No abstract provided.
Evidentiary Surrogacy And Risk Allocation: Understanding Imputed Knowledge And Notice In Modern Agency Law, Marin R. Scordato
Evidentiary Surrogacy And Risk Allocation: Understanding Imputed Knowledge And Notice In Modern Agency Law, Marin R. Scordato
Fordham Journal of Corporate & Financial Law
No abstract provided.
Breaking The Market's Dependence On Independence: An Alternative To The "Independent" Outside Auditor, Peter Km Chan
Breaking The Market's Dependence On Independence: An Alternative To The "Independent" Outside Auditor, Peter Km Chan
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Eleventh Annual Fordham Corporate Counsel Association Dinner And The Presentation Of The Richard J. Bennett Memorial Award: Remarks By Michael Saperstein, Recipient Of The Richard J. Bennett Memorial Award, October 14, 2004, Michael Saperstein
Fordham Journal of Corporate & Financial Law
No abstract provided.
One Nation, Individisible: The Use Of Diversity Report Cards To Promote Transparency, Accountability, And Workplace Fairness, Cyrus Mehri, Andrea Giampetro-Meyer, Michael B. Runnels
One Nation, Individisible: The Use Of Diversity Report Cards To Promote Transparency, Accountability, And Workplace Fairness, Cyrus Mehri, Andrea Giampetro-Meyer, Michael B. Runnels
Fordham Journal of Corporate & Financial Law
No abstract provided.
Structuring Transactions Outside All Holders/Best Price Rule, Mark Khmelnitskiy
Structuring Transactions Outside All Holders/Best Price Rule, Mark Khmelnitskiy
Fordham Journal of Corporate & Financial Law
No abstract provided.
A Legal Usage Analysis Of "Material Adverse Change" Provisions, Kenneth A. Adams
A Legal Usage Analysis Of "Material Adverse Change" Provisions, Kenneth A. Adams
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Beneficiary’S Bank And Beneficiary Described By Name And Number: Liability Chain And Liability Standard In Wire Transfers (Part 2), Benjamin Geva
The Beneficiary’S Bank And Beneficiary Described By Name And Number: Liability Chain And Liability Standard In Wire Transfers (Part 2), Benjamin Geva
Articles & Book Chapters
This article deals with issues evolving around the identification of the beneficiary in the last payment order in the credit transfer received by the last bank in the transfer chain ("beneficiary's bank"), the duties of the beneficiary's bank in the case of an ambiguous description of the beneficiary in the payment order, and the liability of the beneficiary's bank in case it broke such duties.
Missing The Mark: Nasd Rule 2711 And Nyse Rule 472 Mistakenly Emphasize Disclosure Rather Than Amending The Pleading Requirements Of Pslra, James J. Barney
Missing The Mark: Nasd Rule 2711 And Nyse Rule 472 Mistakenly Emphasize Disclosure Rather Than Amending The Pleading Requirements Of Pslra, James J. Barney
NYLS Law Review
No abstract provided.
The Merger Of Law And Mediation: Lessons From Equity Jurisprudence And Roscoe Pound, Jacqueline M. Nolan-Haley
The Merger Of Law And Mediation: Lessons From Equity Jurisprudence And Roscoe Pound, Jacqueline M. Nolan-Haley
Cardozo Journal of Conflict Resolution
Almost one hundred years ago, Roscoe Pound' warned about the decline of equity jurisprudence in the American legal system. He called this phenomenon the "decadence of equity."' Though Pound offered several causes for this decline, what we know today as "institutionalization" in the court system was the primary suspect. "The very thing that made equity a system must, in the end, prove fatal to it. In the very act of becoming a system, it becomes legalized, and in becoming merely a competing system of law insures its ultimate downfall." While Pound acknowledged that he saw some good from the "refinements" …
Sarbanes-Oxley, Jurisprudence, Game Theory, Insurance And Kant: Toward A Moral Theory Of Good Governance, Jeffrey M. Lipshaw
Sarbanes-Oxley, Jurisprudence, Game Theory, Insurance And Kant: Toward A Moral Theory Of Good Governance, Jeffrey M. Lipshaw
Suffolk University Law School Faculty Works
The governance rules mandated by Sarbanes-Oxley, and the SEC regulations thereunder, were in direct response to many of the specific misdeeds of the Enron, WorldCom and other scandals, leaving corporate lawyers scrambling to keep their clients in technical compliance, but wondering whether it would create better governance. In this paper, I contend first that the frustrations with Sarbanes-Oxley have their basis in the jurisprudence underlying Sarbanes - the presence or absence of articulated policies and principles underlying the specific rules. I assess the law under modern positivist and naturalist theories, and point out ironies in its ultimate application. Second, I …
Modeling A Response To Predatory Lending: The New Jersey Home Ownership Security Act Of 2002, Baher Azmy, David J. Reiss
Modeling A Response To Predatory Lending: The New Jersey Home Ownership Security Act Of 2002, Baher Azmy, David J. Reiss
Cornell Law Faculty Publications
Professor Baher Azmy and Professor David Reiss document how predatory home lending practices have become rampant throughout the country and, notably, among low- and moderate-income and African American communities in New Jersey. Their article analyzes this emerging problem as a sometimes devastating side effect of the rapid increase in American home ownership, an otherwise almost completely desirable phenomenon. Because predatory lending has been so difficult to define, states have struggled to regulate it. New Jersey, building on the work of a few other leading states, has drafted what many consider to be the new standard for predatory lending legislation, the …
Overoptimism And Overborrowing, Richard M. Hynes
Overoptimism And Overborrowing, Richard M. Hynes
Faculty Publications
No abstract provided.
Is Equity Compensation Tax Advantaged?, David I. Walker
Is Equity Compensation Tax Advantaged?, David I. Walker
Faculty Scholarship
Employees who receive stock options and other forms of equity compensation generally are able to defer paying tax on this compensation for years, sometimes decades. In a rising market this deferral results in a tax benefit at the employee level. This article asks whether the employee-level tax benefit in a rising market results in a global tax advantage for companies that rely heavily on equity compensation and their employees. There are two primary issues. First, on initial inspection one might conclude that the employee-level benefit in a rising market is offset by a disadvantage in a stagnant or declining market. …
Shareholder Proxy Access To The Ballot: What Will Be The Implications Of The Sec's Proposed Shareholder Access Rule If It Is Adopted From Governance, Implementation And A Public Perspective?, Bryan J. Shea
Seton Hall University Dissertations and Theses (ETDs)
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Bankruptcy's Acephalous Moment: Postpetition Transfers Under The Bankruptcy Code, David G. Carlson
Bankruptcy's Acephalous Moment: Postpetition Transfers Under The Bankruptcy Code, David G. Carlson
Articles
No abstract provided.
Gatekeeper Failure And Reform: The Challenge Of Fashioning Relevant Reforms, John C. Coffee Jr.
Gatekeeper Failure And Reform: The Challenge Of Fashioning Relevant Reforms, John C. Coffee Jr.
Faculty Scholarship
Securities markets have long employed "gatekeepers" – independent professionals who pledge their reputational capital – to protect the interests of dispersed investors who cannot easily take collective action. The clearest examples of such reputational intermediaries are auditors and securities analysts, who verify or assess corporate disclosures in order to advise investors in different ways. But during the late 1990s, these protections seemingly failed, and a unique concentration of financial scandals followed, all involving the common denominator .of accounting irregularities. What caused this sudden outburst of scandals, involving an apparent epidemic of accounting and related financial irregularities, that broke over the …
Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow
Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow
Scholarly Articles in Law Reviews & Journals
International development law deals with the rights and duties of states and other actors in the development process. As the consensus view of the development process disintegrated during the 1970s and 1980s, the agreement on the content of international development law also began to break down. Today there are two competing idealized views of development. The first, the traditional view, maintains that development is about economic growth, which can be distinguished from other social, cultural, environmental, and political development issues in society. The second, the modern view, maintains that development is an integrated process of change involving intertwined economic, social, …
Lord Of The Liens: Towards Greater Efficiency In Secured Syndicated Lending, William H. Widen
Lord Of The Liens: Towards Greater Efficiency In Secured Syndicated Lending, William H. Widen
Articles
No abstract provided.
Speculation On The Future Of The Bank For International Settlements, A , Carl Felsenfeld, Genci Bilali
Speculation On The Future Of The Bank For International Settlements, A , Carl Felsenfeld, Genci Bilali
Faculty Scholarship
Financial crises around the globe place countries at risk. Not only do less developed countries like Mexico and Argentina tremble from the inadequacies of their banking systems, but large and developed economies such as Japan suffer similar apprehension. As a result, national financial authorities find themselves looking for a type of international financial entity that can coordinate the efforts of these authorities in maintaining safety and soundness in their respective financial and banking sectors. This being the case, financial markets need the assistance of an international institution that can regulate national banking systems and, in return, can avoid any future …
Domestic And External Debt: The Doomed Quest For Equal Treatment, Anna Gelpern, Brad Setser
Domestic And External Debt: The Doomed Quest For Equal Treatment, Anna Gelpern, Brad Setser
Georgetown Law Faculty Publications and Other Works
Until recently, governments borrowed from domestic residents and foreign investors using very different instruments. Residents bought "domestic debt" - paper denominated in local currency and governed by domestic law. Foreign investors preferred "external debt", which offered foreign currency and foreign law. Because there was virtually no overlap between resident and nonresident holdings, it mattered little that lawyers and economists defined domestic and external debt differently: lawyers focused on features such as governing law and jurisdiction, economists on the holder's residence and currency of denomination. The legal and economic definitions of domestic and external debt were effectively bundled: "domestic debt" meant …
Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton
Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton
Georgetown Law Faculty Publications and Other Works
Part I describes the disruptive role the pari passu clause plays in sovereign debt compositions, stating the case favoring the narrow reading. Part II reconsiders the economic incentives in play at the time lenders close loans to sovereigns, stating a case for the broad reading. Part III works the competing readings through the legal framework of bond contract interpretation. The exercise shows that the matter comes down to a choice between an ex ante reading, conducted as of the time the contract is executed and delivered, and an ex post reading, conducted as of the later time of distress. The …
Lending A Helping Hand?: A Guide To Kentucky's New Predatory Lending Law, Kent H. Barnett
Lending A Helping Hand?: A Guide To Kentucky's New Predatory Lending Law, Kent H. Barnett
Kentucky Law Journal
No abstract provided.
Microenterprise Through Microfinance And Microlending: The Missing Piece In The Overall Tribal Economic Development Puzzle, R. H. Tipton Iii
Microenterprise Through Microfinance And Microlending: The Missing Piece In The Overall Tribal Economic Development Puzzle, R. H. Tipton Iii
American Indian Law Review
No abstract provided.
Sovereign Debt Reform And The Best Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Sovereign Debt Reform And The Best Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Faculty Scholarship
In April 2002 the International Monetary Fund introduced a sovereign bankruptcy proposal only to be rebuffed by the United States Treasury. Where the IMF wanted a mandatory bankruptcy regime, the Treasury wanted to solve distress problems with contractual devices. Sovereign bondholders and sovereign issuers themselves flatly rejected both proposals, even though they were nominally the beneficiaries of both proponents. This Article addresses and explains this bondholder reaction. In so doing, it takes a highly skeptical view of the IMF's proposal even as it shows that the incentive structure surrounding sovereign lending renders untenable the Treasury's contractarian proposal. The Article's analysis …
Vultures Or Vanguards: The Role Of Litigation In Sovereign Debt Restructuring Conference On Sovereign Debt Restructuring: The View From The Legal Academy, Jill E. Fisch, Caroline M. Gentile
Vultures Or Vanguards: The Role Of Litigation In Sovereign Debt Restructuring Conference On Sovereign Debt Restructuring: The View From The Legal Academy, Jill E. Fisch, Caroline M. Gentile
Faculty Scholarship
The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …
Role Of The Bank For International Settlements In Shaping The World Financial System, The , Carl Felsenfeld, Genci Bilali
Role Of The Bank For International Settlements In Shaping The World Financial System, The , Carl Felsenfeld, Genci Bilali
Faculty Scholarship
The Bank for International Settlements ("BIS") was set up in Basel, Switzerland in 1923 to handle remaining financial issues from World War II largely having to do with German reparation payments. It was the first of the semi-public international banks. Over the years its functions have changed and, largely since the late 1970's, it has served as the situs for the world's central banks and financial regulators to pool ideas and deal with international financial issues. A group of committees, com- posed largely of representatives of central bankers, now meets at BIS and has been issuing memoranda and drafts of …