Banking and Finance Law Commons^™

Recent Changes To The Community Reinvestment Act And Their Impact On Community Banks And Rural Economies, Camden C. Betz

North Carolina Banking Institute

No abstract provided.

Small Businesses And Identity Theft: Reallocating The Risk Of Loss, Penelope N. Lazarou

North Carolina Banking Institute

No abstract provided.

Data Security And Data Breach Notification For Financial Institutions, Sean C. Honeywill

North Carolina Banking Institute

No abstract provided.

Unexpired Leases Under The New Bankruptcy Act: A Win-Win For Landlords And Lenders, Jordan M. Kirby

North Carolina Banking Institute

No abstract provided.

Bapcpa And Commercial Credit: Who (Sic) Do You Trust, David G. Epstein

North Carolina Banking Institute

No abstract provided.

Equity Investment In Chinese Banks: A Doorway Into China's Banking Sector, Jack E. Jirak

North Carolina Banking Institute

No abstract provided.

Using Spread And Net Trading Range To Measure Risk In Suitability Cases, Richard A. Booth

Working Paper Series

Suitability is one of the most common issues that arises in securities arbitrations. Yet it is also one of the most difficult issues to resolve. Up to now there has been no easy and reliable way to compare the risk of one stock or portfolio with another stock or portfolio measured as of the time the investment decision in question was made. As I argued in an earlier article, spread is potentially a promising way to measure risk in real time as perceived collectively by competing market makers. But with the advent of decimal quotes and other recent changes in …

Notice Requirements: Common Themes And Differences In The Regulatory And Legislative Responses To Data Security Breaches, Satish M. Kini, James T. Shreve

North Carolina Banking Institute

No abstract provided.

The Preservation Of Diversity Jurisdiction For National Banks, Michelle E. O'Leary

North Carolina Banking Institute

No abstract provided.

Overdraft Protection Programs: Consumers Still In The Dark Under Regulation Dd, Carolyn M. Gillikin

North Carolina Banking Institute

No abstract provided.

Full Disclosure: How Should Lenders Respond To The Heightened Reporting Requirements Of The Home Mortgage Disclosure Act, Henry M. Jay

North Carolina Banking Institute

No abstract provided.

The Credit Card Market And Regulation: In Need Of Repair, Carolyn Carter, Elizabeth Renuart, Margot Saunders, Chi Chi Wu

North Carolina Banking Institute

No abstract provided.

Waiving The Attorney-Client Privilege Goodbye: The Erosion Of The Privilege By Federal Financial Regulatory Agencies, Priscilla L. Walton

North Carolina Banking Institute

No abstract provided.

Valuables In Your Mailbox - How The Concept Of Value In Cole V. U.S. Capital, Inc. Enhances The Fcra's Guidelines Concerning Creditor Marketing, April B. Chang

North Carolina Banking Institute

No abstract provided.

Islamic Finance: A Growing Industry In The United States, Kimberly J. Tacy

North Carolina Banking Institute

No abstract provided.

Contract As Statute, Stephen J. Choi, G. Mitu Gulati

Michigan Law Review

The traditional model of contract interpretation focuses on the "meeting of the minds." Parties agree on how to structure their respective obligations and rights and then specify their agreement in a written document. Gaps and ambiguities are inevitable. But where contract language exists for the point in contention and a dispute arises as to the meaning of this language, courts attempt to divine what the parties intended. Among the justifications for deferring to the intent of the parties is the assumption that parties know what is best for themselves. Deference also arguably furthers autonomy values. Not all contracts and contract …

Penny Wise, Pound Foolish: Why Investors Would Be Foolish To Pay A Penny Or A Pound For The Protections Provided By Sarbanes-Oxley, Cory L. Braddock

BYU Law Review

No abstract provided.

Borrowing Trouble? Vi: High-Cost Mortgage Lending In Greater Boston, 2004, Jim Campen

Gastón Institute Publications

Five years ago, in response to numerous reports of the growth of predatory lending, both locally and nationwide, the Massachusetts Community & Banking Council (MCBC) – whose Board of Directors has an equal number of bank and community representatives – commissioned a study of subprime refinance lending in the city of Boston and surrounding communities. The resulting report, Borrowing Trouble? Subprime Mortgage Lending in Greater Boston, 1999, was the first detailed look at subprime lending in the city of Boston and in twenty-seven surrounding communities.

This is the sixth report in the annual series begun by that initial study. …

Bond Covenants And Creditor Protection: Economics And Law, Theory And Practice, Substance And Process, William Wilson Bratton

Articles

This article examines contractual protection of unsecured financial creditors in US credit markets. Borrowers and lenders in the United States contract against a minimal legal background that imposes the burden of protection on the lender. A working, constantly updated, set of contractual protections has emerged in response. But actual use of available contractual technology varies widely, depending on the level of risk and the institutional context. The credit markets sort borrowers according to the degree of the risk of financial distress, imposing substantial constraints only on the borrowers with the most dangerous incentives. At the same time, the contracting practice …

Attorneys As Gatekeepers: Sec Actions Against Lawyers In The Age Of Sarbanes-Oxley, Lewis D. Lowenfels, Alan R. Bromberg, Michael J. Sullivan

ExpressO

Following the enactment of the Sarbanes-Oxley Act on July 30, 2002, the Securities and Exchange Commission has substantially increased the number of actions it has initiated against lawyers. And a substantial number of these recent SEC actions against counsel to public companies (both internal and external) have highlighted the SEC’s resolve to hold lawyers accountable for not performing adequately their SEC-conceived role as “gatekeepers” to prevent fraud and other violations of the federal securities laws. This “gatekeeper” concept has been and is being implemented through SEC actions addressing a wide variety of alleged transgressions in a wide diversity of factual …

The Different Tax Treatment Of Investment Advisory Fees And Brokerage Fees; The Lower The Fiduciary Duty The Better The Tax Consequences, Barry W. Rickert

ExpressO

The current tax laws favor brokerage fees as compared to investment advisory fees, even though investment advisors are held to a higher standard of fiduciary duty. My article examines the different tax treatment of investment advisory fees and brokerage fees, analyzes the policy considerations of such treatment and proposes alternatives to the current system. Considering the large number of American investing in the securities markets, it is important that our tax laws be written in a way that encourages taxpayers to seek investment professionals who are held to higher standards of conduct. The policy implications of brokerage fees receiving preferable …

Banking Stability And Optimal Deposit Insurance Design, Yasmine Hamdi Moukhtar

Archived Theses and Dissertations

This thesis focuses on deposit insurance schemes and their relationship to banking crisis. The empirical model used covers 55 developed and developing countries over the period 1970-1989. This study finds that banking crises are closely linked to adverse macroeconomics shocks like economic recessions, financial liberalization, capital account liberalization and short term capital flows, and currency depreciation. External vulnerability (expressed as the ratio of M2 to foreign reserve) is also found to be a key variable. The empirical results also show that deposit insurance increases the probability of banking crises, due to induced moral hazard and adverse selection.

Equal Treatment Of Foreign Shareholders In Transnational Securities Class Action Against A Foreign Issuer—A Chinese Example, Clark Yao

ExpressO

As the world economy and financial markets become increasingly more integrated, cross-boarder securities transaction becomes a daily event. Because Unite States has the world’s largest and arguably most liquid capital markets, it has attracted a significant number of foreign companies to cross-list their stocks in a U.S. stock exchange. Unavoidably, such transactions will not only bring out fortune, but also disputes between transacting parties. Relying on the powerful federal securities law , U.S. investors who have bought or sold such stocks have routinely sued foreign stock issuers through class action when the stock prices went down, alleging their loss is …

The Peripatetic Debtor: Choice Of Law And Choice Of Exemptions, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.

Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo

Faculty Publications

No abstract provided.

Regulation A: Small Businesses’ Search For “A Moderate Capital”, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

Small businesses are an important part of our national economy, accounting for as much as 40% of our total economic activity and providing society with important services and products.

Small businesses face daunting economic, structural, and legal impediments when they attempt to acquire external capital. The absence of financial inter-mediation services means that they are almost always on their own to find investors. Their small capital needs mean that their relative offering costs are often sky high. Federal and state securities rules significantly exacerbate these economic and structural disadvantages by imposing onerous and unwarranted conditions on their search for external …

The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy

UIC Law Review

No abstract provided.

Consuming Debt: Structuring The Federal Response To Abuses In Consumer Credit, Heidi Mandanis Schooner

Scholarly Articles

Predatory lending is an avaricious fraud that demands attention. Several states have enacted new laws to combat predatory lending. Moreover, the battle against predatory lending and other abusive practices has focused attention on the overall structure of consumer credit laws. The current structure is dual; both state and federal governments play significant roles in combating credit fraud. The dual structure has been the source of controversy as federal regulators have claimed the power to preempt state law. This article furthers the structural debate and the effort to combat predatory lending by examining the architecture of consumer credit laws within the …

Bank Corporate Governance: The Emerging Ukrainain Market Compared To International Best Practices, Maksym V. Burlaka

Fordham Journal of Corporate & Financial Law

No abstract provided.

Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz

UIC Law Review

No abstract provided.