Banking and Finance Law Commons^™

Will Regulators Burst The Prepaid Bubble, Steven Ritchie

North Carolina Banking Institute

No abstract provided.

Accounting Consolidation Versus Capital Calculation: The Conflict Over Asset-Backed Commercial Paper Programs, Lee Gilliam

North Carolina Banking Institute

No abstract provided.

Scaling The Great Wall: An Analysis Of Foreign Banks' Entry Into China, Carol G. Liu

North Carolina Banking Institute

No abstract provided.

The Spectrum Plus Case: Fixed Or Floating Charges Over Book Debts In England, Lauren Pogue

North Carolina Banking Institute

No abstract provided.

Achieving The American Dream: May Financial Holding Companies Engage In Real Estate Brokerage, Jabari M. Vaughn

North Carolina Banking Institute

No abstract provided.

Hedge Fund Regulation: Investors Are Knocking At The Door, But Can The Sec Clean House Before Everyone Rushes In, Joseph Hellrung

North Carolina Banking Institute

No abstract provided.

25th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 25th Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2005.

The First One Hundred Years Of Banking In North Carolina, Lissa Lamkin Broome

North Carolina Banking Institute

No abstract provided.

A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell

Faculty Works

This article examines the challenge of enforcing promises made to benefit the public, using environmental commitments such as wetland restoration as a central example. It argues that while contractual promises between private parties are routinely enforced, similar promises made to the public often fail due to lack of effective enforcement mechanisms. Drawing on Garrett Hardin’s “Tragedy of the Commons,” the paper explores how individual incentives discourage both performance and enforcement of such promises. The analysis highlights the limitations of agency resources, barriers to citizen enforcement, and the inadequacy of existing legal frameworks to ensure accountability for public benefit commitments. It …

Nasd Regulation Of Ipo Conflicts Of Interest - Does Gatekeeping Work?, Royce De R. Barondes

Faculty Publications

This Article contributes to the debate on the efficacy of third party gatekeeping in regulating the capital markets, by presenting empirical evidence of the efficacy of one kind of gatekeeper, a qualified independent underwriter (QIU). Under NASD rules, when an investment bank participating in a securities offering has one of several enumerated conflicts of interest, the securities cannot be sold at a price higher than that recommended by a QIU. Examining 1,188 IPOs from 1997 through 2000 discloses a negative, statistically significant relationship between IPO initial returns and each of (i) the fact that participating NASD members (or their affiliates) …

Not So Perfect: The Disconnect Between Medicare And The Uniform Commercial Code Regarding Health-Care-Insurance Receivables, Kimberly Easter Zirkle

North Carolina Banking Institute

No abstract provided.

Silent Second Liens - Will Bankruptcy Courts Keep The Peace, David Line Batty, Jo Ann J. Brighton

North Carolina Banking Institute

No abstract provided.

Check Clearing For The 21st Century Act: The Impact On Consumers, Andrea Mcglinn

North Carolina Banking Institute

No abstract provided.

Riegle-Neal's 10% Nationwide Deposit Cap: Arbitrary And Unnecessary, Cybil White

North Carolina Banking Institute

No abstract provided.

Payroll Cards: Would You Like Your Pay With Those Fries, Beth S. Desimone, Carrie A. O'Brien

North Carolina Banking Institute

No abstract provided.

Fixing Payday Lending: The Potential Of Greater Bank Involvement, Michael Bertics

North Carolina Banking Institute

No abstract provided.

Protecting Consumers From Consumer Credit Counseling, John Hurst

North Carolina Banking Institute

No abstract provided.

California: A Privacy Statute Meets The Glba & (And) Fcra, Jason Shroff

North Carolina Banking Institute

No abstract provided.

Bankwest V. Baker: Is It A Mayday For Payday Lenders In Rent-A-Charter Arrangements, Elizabeth Willoughby

North Carolina Banking Institute

No abstract provided.

Empowering Subprime Borrowers: Mandatory Unsecured Credit Payoffs As Finance Charges, Steven R. Sharpe

Indiana Law Journal

No abstract provided.

Core Principles For Effective Banking Supervision: An Enforceable International Financial Standard?, Duncan E. Alford

Faculty Publications

The Basel Committee on Banking Supervision serves as an international forum to discuss international bank supervision issues. Because of the gravity and frequency of banking crises since the demise of the Bretton Woods System in the early 1970s, international financial standards have emerged as a method to minimize these crises. In 1998, the Basel Committee issued a comprehensive standard on bank super vision that built upon its work over the previous two and a half decades. In this Article, the author analyzes this comprehensive standard the Core Principles for Effective Banking Supervision-and assesses its implementation in the European Union, the …

When Bankruptcy Meets Antitrust: The Case For Non-Cash Auctions In Concentrated Banking Markets, David Hahn

ExpressO

One of the most heated debates in bankruptcy law scholarship has been the optimal design of corporate bankruptcy law. While traditionalist scholars defended the actual practice of Chapter 11 of the Bakruptcy Code, the law-and-economics movement has by and large heavily crticized Chapter 11 and called for its replacement. Several models of corporate bankruptcy have been offered in the literature as imporved alternatives thereto. In this article, I examine the various models offered in the literature, as well as the basic model of Chapter 11, against a certain realistic background: that of an economy characterized by the concentrated dominance of …

Price, Path & Pride: Third-Party Closing Opinion Practice Among U.S. Lawyers (A Preliminary Investigation), Jonathan C. Lipson

ExpressO

This article presents the first in-depth exploration of third-party closing opinions, a common but curious – and potentially troubling -- feature of U.S. business law practice. Third-party closing opinions are letters delivered at the closing of most large transactions by the attorney for one party (e.g., the borrower) to the other party (e.g., the lender) offering limited assurance that the transaction will have legal force and effect.

Hundreds, if not thousands, of legal opinions are delivered every week. Yet, lawyers often complain that they create needless risk and cost, and produce little benefit. Closing opinions thus pose a basic question: …

Let The States Legislate, David J. Reiss

Cornell Law Faculty Working Papers

Predatory lending was the most pressing consumer protection issue of 2004. Indeed, the Center for Responsible Lending found that predatory loans cost U.S. families more than $9 billion a year. It is such a serious problem that it looks as if major changes are in store in 2005 for how loans are to be made.

The False Promise Of De-Regulation In Banking, Jonathan R. Macey

ExpressO

Jonathan R. Macey

The False Promise of De-Regulation in Banking

Abstract

This Article presents new approach to the concept of "deregulation" in financial services and particularly banking. Generally regulatory policy is thought to involve more or less straightforward choices between regulation and deregulation. Those most concerned with market failure and equality of outcomes favoring regulation and those with faith in markets and concerns about efficient outcomes favoring deregulation.

This Article shows that government regulation, sometimes in heavy doses, is necessary in order for private markets to function effectively. Consequently, government has in important role to play in fostering markets. The …

Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility - What Regulation By The Securities And Exchange Commission Is Appropriate, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility: What Regulation By The Securities And Exchange Commission Is Appropriate?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Sec And Accounting, In Part Through The Eyes Of Pacioli, Matthew J. Barrett

Journal Articles

As part of a symposium marking the seventieth anniversary of the creation of the Securities and Exchange Commission, this article pulls together two threads, namely Luca Pacioli's prominence in accounting and the importance of the Management's Discussion and Analysis (MD&A) requirements that seek to give investors an opportunity to view a public company through the eyes of management, to evaluate the SEC's record on certain accounting issues. Because writers in legal journals have largely ignored Pacioli's efforts, the article begins by highlighting some of the friar's contributions to accounting precepts. The article next applies some of those precepts in a …

The One-Stop-Shop For Vat And Rst: Common Approaches To Eu-U.S. Consumption Tax Issues, Richard Thompson Ainsworth

Faculty Scholarship

In March 2004 the European Commission solicited comments on a proposal to simplify value added tax (VAT) obligations through a one-stop scheme. The proposal was modest in scope. It was designed to build upon the success of a similar scheme that dealt with non-EU established persons supplying digital products to non-taxable EU persons. That scheme is found in Article 26c of the Sixth VAT Directive.

In its March Consultation Paper the Commission proposed that businesses established within the EU be allowed to participate in a one-stop scheme that would be similar to the Article 26c scheme. Limited to B2C transactions, …

Bankruptcy Reform: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Feb. 10, 2005 (Statement Todd Zywicki, Visiting Prof. Of Law, Geo. U. L. Center), Todd J. Zywicki

Testimony Before Congress

No abstract provided.