Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (28)
- Consumer Protection Law (16)
- Comparative and Foreign Law (14)
- Commercial Law (13)
- Administrative Law (12)
-
- Securities Law (10)
- Law and Economics (9)
- Law and Society (9)
- Business Organizations Law (8)
- International Law (8)
- Property Law and Real Estate (7)
- Transnational Law (7)
- Constitutional Law (6)
- Economics (5)
- International Trade Law (5)
- Legal History (5)
- Social and Behavioral Sciences (5)
- Contracts (4)
- Estates and Trusts (4)
- Law and Psychology (4)
- State and Local Government Law (4)
- Tax Law (4)
- Torts (4)
- Bankruptcy Law (3)
- Criminal Law (3)
- Finance (3)
- Housing Law (3)
- Insurance Law (3)
- Institution
-
- University of Michigan Law School (77)
- Boston University School of Law (11)
- West Virginia University (10)
- Maurer School of Law: Indiana University (9)
- University of Kentucky (7)
-
- University of Colorado Law School (6)
- Cleveland State University (4)
- New York Law School (4)
- Pepperdine University (4)
- The Catholic University of America, Columbus School of Law (3)
- University of Maine School of Law (3)
- Fordham Law School (2)
- Pace University (2)
- University of Cincinnati College of Law (2)
- University of Georgia School of Law (2)
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- BLR (1)
- Columbia Law School (1)
- Florida International University College of Law (1)
- LSU New Orleans (1)
- Louisiana Tech University (1)
- Notre Dame Law School (1)
- Saint Joseph University of Beirut (1)
- St. Mary's University (1)
- Texas A&M University School of Law (1)
- University of Baltimore Law (1)
- University of Miami Law School (1)
- University of Richmond (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Michigan Law Review (19)
- Articles (17)
- Michigan Journal of International Law (16)
- Faculty Scholarship (13)
- West Virginia Law Review (10)
-
- Indiana Law Journal (8)
- University of Michigan Journal of Law Reform (8)
- Kentucky Law Journal (7)
- Michigan Business & Entrepreneurial Law Review (5)
- Other Publications (4)
- University of Colorado Law Review (4)
- Articles & Chapters (3)
- Cleveland State Law Review (3)
- Michigan Law Review First Impressions (3)
- Pepperdine Law Review (3)
- Book Chapters (2)
- Faculty Publications (2)
- Maine Law Review (2)
- Publications (2)
- Scholarly Articles (2)
- Vanderbilt Law Review (2)
- All Faculty Scholarship (1)
- American University Business Law Review (1)
- Catholic University Law Review (1)
- Doctoral Dissertations (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- ExpressO (1)
- Faculty Articles (1)
- Faculty Articles and Other Publications (1)
- Fordham Journal of Corporate & Financial Law (1)
- Publication Type
Articles 121 - 150 of 162
Full-Text Articles in Banking and Finance Law
The Change In Bank Control Act Of 1978: Does It Give Rise To A Private Cause Of Action?, Kenneth L. Betts
The Change In Bank Control Act Of 1978: Does It Give Rise To A Private Cause Of Action?, Kenneth L. Betts
Kentucky Law Journal
No abstract provided.
Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.
Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.
Michigan Journal of International Law
This article argues that the various forms of industrial policy currently being proposed are inappropriate for the United States (U.S.). They would fail not only on economic grounds, but on political grounds as well. The article outlines the appropriate role for government in the economy.
Financial Institution Interlocks After The Bankamerica Case, Arthur H. Travers Jr.
Financial Institution Interlocks After The Bankamerica Case, Arthur H. Travers Jr.
Publications
No abstract provided.
A Banker's Adventures In Brokerland: Looking Through Glass-Steagall At Discount Brokerage Services, Michigan Law Review
A Banker's Adventures In Brokerland: Looking Through Glass-Steagall At Discount Brokerage Services, Michigan Law Review
Michigan Law Review
Several banks have recently entered or announced their intention to enter the discount brokerage business, and the Federal Reserve Board is considering a rule listing discount brokerage as an acceptable bank holding company activity. The securities industry has contested this entry, asserting that the Glass-Steagall Act requires separation between investment and commercial banking. Though the Act does mandate some division between the two lines of business, this Note argues that bank discount brokerage services do not violate the Act. Part I examines the competing "accommodation" and "agency" interpretations of the relevant statutory sections, concluding that the agency interpretation, which permits …
Developments In Banking Law 1982, Dennis S. Aronowitz, Robert Volk
Developments In Banking Law 1982, Dennis S. Aronowitz, Robert Volk
Faculty Scholarship
In 1982, the nation's depository institutions continued to cope with a difficult economic environment. Although the high interest rates of the early part of the year began a slow decline in the fall, commercial banks and thrift institutions continued to face stiff competition from alternative investment instruments for the depositor's dollar. Savings banks and savings and loan associations continued to have trouble remaining solvent in a difficult time. In 1982 both the Federal Deposit Insurance Corporation (FDIC) and the Federal Home Loan Bank Board (FHLBB) arranged a record number of mergers and acquisitions involving failing institutions.
Alternative Mortgage Instruments: Authorizing And Implementing Price Level Adjusted Mortgages, Joel J. Goldberg
Alternative Mortgage Instruments: Authorizing And Implementing Price Level Adjusted Mortgages, Joel J. Goldberg
University of Michigan Journal of Law Reform
Of the institutions authorized to make mortgage funds available, only federally-chartered and a small minority of state-chartered savings and loan associations are presently authorized to make PLAM loans. This is due, in part, to a variety of legal and underwriting problems that may outweigh the theoretical advantages of PLAM financing. This Note evaluates these legal and underwriting problems and proposes legal measures to accommodate PLAM financing. Part I discusses the development and advantages of the PLAM. Part II analyzes the legal and practical underwriting objections to PLAM financing, including interest regulations, tax ramifications, and commercial desirability. Part II also suggests …
Developments In Banking Law: 1980-81, Dennis S. Aronowitz, Robert Volk
Developments In Banking Law: 1980-81, Dennis S. Aronowitz, Robert Volk
Faculty Scholarship
The years 1980 and 1981 were marked by a continuation and acceleration of change in the nation's financial institutions in general and in depository institutions in particular. Until recently, the banking and thrift industries have been unique in possessing the capacity to thrive in a changing economy without changing very significantly themselves. This phenomenon was largely attributable to a regulatory environment that protected depository institutions, minimizing competition from unregulated financial entities and imposing a form of organization that permitted institutions to thrive while conducting their activities in traditional ways. The advent of stubbornly high inflation and historically high interest rates …
The Propriety Of Benefit-Spreading Regulations Under The 10% Lending Limit Of The National Bank Act, Michigan Law Review
The Propriety Of Benefit-Spreading Regulations Under The 10% Lending Limit Of The National Bank Act, Michigan Law Review
Michigan Law Review
This Note examines whether the ten percent lending limit of the National Bank Act should be used to promote benefit-spreading. Section I evaluates the legislative and judicial history of the lending limit and concludes that Congress never intended the Comptroller to issue regulations to foster benefit-spreading. Section II examines the practical ramifications of the benefit-spreading regulations. It concludes that the lending limit cannot effectively foster benefit-spreading without undermining the risk-reducing function of the statute; that compliance with the benefit-spreading regulations is costly while the penalties for noncompliance are inappropriate and unfair; and that existing statutes better promote benefit-spreading while avoiding …
The Role Of Negligence In Section 3-405 Of The Uniform Commercial Code: Owensboro National Bank V. Crisp, Winifred Bryant
The Role Of Negligence In Section 3-405 Of The Uniform Commercial Code: Owensboro National Bank V. Crisp, Winifred Bryant
Kentucky Law Journal
No abstract provided.
The Right To Financial Privacy Act Of 1978-The Congressional Response To United States V. Miller: A Procedural Right To Challenge Government Access To Financial Records, Nancy M. Kirschner
The Right To Financial Privacy Act Of 1978-The Congressional Response To United States V. Miller: A Procedural Right To Challenge Government Access To Financial Records, Nancy M. Kirschner
University of Michigan Journal of Law Reform
This article will review the factors leading to the Miller decision and the legislative response to that decision. Part I will examine the bank customer's expectation of privacy and the way Miller affects this expectation. Part II will discuss the congressional response to Miller and the competing interests which led to the Right to Financial Privacy Act. The Act itself will be discussed in detail in Part III. Part IV will evaluate the Act, and offer recommendations for reform. The article concludes that the Act, by adopting a purely procedural approach, fails to provide adequate protection to bank customers.
Efts: Consumer Protection Under The Ucc, Susan E. Jinnett
Efts: Consumer Protection Under The Ucc, Susan E. Jinnett
University of Michigan Journal of Law Reform
In view of the economic significance of the payments system, the laws governing it must be equitable and comprehensive. The development of the commercial law applicable to EFTS's, however, currently lags behind the growth of these systems. Threats to the integrity of EFTS's stem from lost, stolen, or forged access cards, illegal taps into communication lines, physical impairment of the equipment, or improper programming. The legal rights and liabilities of consumers where the integrity of an EFTS has been breached remains unclear, in part because the status of EFTS's under current law is uncertain. The rights of the parties involved …
Bank Securities Activities And The Need To Separate Trust Departments From Large Commercial Banks, Thomas J. Schoenbaum
Bank Securities Activities And The Need To Separate Trust Departments From Large Commercial Banks, Thomas J. Schoenbaum
University of Michigan Journal of Law Reform
This article (1) analyzes the traditional Glass-Steagall Act restrictions on banks and the leading case of Investment Company Institute v. Camp, where the Supreme Court held that the offering by commercial banks of commingled agency accounts violated the Glass-Steagall Act prohibition against underwriting securities, (2) considers the. developments since that decision, and (3) offers suggestions on an approach to devising solutions to the policy questions involved.
Checks Lost In The Collection Process, James J. White
Checks Lost In The Collection Process, James J. White
Other Publications
Given the millions of checks that are transferred among banks every year, the opportunity for loss and misplacement of such checks is enormous and the liabilities associated with such loss can be significant. This section deals with the collecting bank's liability for the check's loss before it is delivered to payer bank. If the payer bank receives and then loses the check, it will be subject to a different set of liabilities; those liabilities will be discussed elsewhere in the program.
Blocking Payment On A Certified, Cashier's, Or Bank Check, Michigan Law Review
Blocking Payment On A Certified, Cashier's, Or Bank Check, Michigan Law Review
Michigan Law Review
When disputes arise between buyers and sellers over completed commercial transactions and payment has been delivered to the seller in the form of a negotiable instrument, a dissatisfied buyer may seek to suspend the instrument's payment obligation. By blocking payment the buyer strengthens his bargaining position and prevents the seller from dissipating the proceeds of the sale before the buyer can establish the merit of his claim. Blocking payment forces the seller to enforce the commercial agreement through court action or satisfy the buyer's grievances.
What Ever Happened To The "Checkless Society"?, Isaiah Baker
What Ever Happened To The "Checkless Society"?, Isaiah Baker
University of Michigan Journal of Law Reform
In the late 1960's and early 1970's, a proliferation of articles in law reviews and other scholarly journals predicted a fundamental change in the payments systems in the United States. The "checkless society" was hailed as the coming thing-the latest and best innovation to come along in the vast areas of law covered by the Uniform Commercial Code provisions governing commercial paper and bank collections. Despite the claims that present technology is capable of effecting basic alterations in the existing check collection and payment systems, changes have been slow to come and are coming with deliberate speed rather than the …
Implementation Of The Bank Holding Company Act Amendments Of 1970: The Scope Of Banking Activities, Michigan Law Review
Implementation Of The Bank Holding Company Act Amendments Of 1970: The Scope Of Banking Activities, Michigan Law Review
Michigan Law Review
There has been a continuing conflict between those who wish to allow banks to diversify their operations beyond the traditionally limited scope of the banking business and those who see such an expansion as a threat to the stability of the economy and a license for unfair competition. The most recent in a continuing series of attempts to reconcile this conflict is found in the Bank Holding Company Act Amendments of 1970 and the implementation of these Amendments by the Federal Reserve Board. The original Act, adopted in 1956, was the first major attempt to bring bank holding companies, a …
Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart
Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart
Michigan Law Review
Credit cards have been used as a means of facilitating delayed-payment purchases since early in this century. The first credit card systems were operated by retailers and service organizations in connection with the merchandising of their products. While such programs were used in local markets by department stores, oil companies were the first issuers to recognize the potential of credit card plans in larger geographical areas. In the early 1950's a new phase in credit card development evolved with the emergence of firms engaging solely in the extension of credit. These firms-Diners' Club, American Express, and Hilton Credit Corporation with …
Bank Charge Cards: New Cash Or New Credit, Roland E. Brandel, Carl A. Leonard
Bank Charge Cards: New Cash Or New Credit, Roland E. Brandel, Carl A. Leonard
Michigan Law Review
It is the premise of this Article that the bank charge card systems constitute a new, highly useful, and efficient payment and credit mechanism; that any decision-making body that promulgates a rule on the issue of the assertability of consumer defenses must carefully evaluate the true functions of bank charge cards, particularly their role as part of a sophisticated payment mechanism, and weigh the relative interests of the consuming public, merchants, and members of the banking industry to derive the best solution for society; that courts are ill-equipped to perform this function; and, that, given the national and international usage …
Some Petty Complaints About Article Three, James J. White
Some Petty Complaints About Article Three, James J. White
Articles
IN many ways Article Three of the Uniform Commercial Code (Code) is like a huge machine assembled by a mad inventor and comprised of assorted sprockets, gears, levers, pulleys, and belts. Few thoroughly understand all of the jobs which this machine is to perform; and a search through the reported cases suggests that the machine is either performing so efficiently that it commits no mistakes worth litigating or it is not performing at all. In their study of the intricacies of Article Three, law students resemble persons climbing about on the machine-pulling its levers, testing its belts and pulleys, and …
Rights And Duties Of A Bank In The Application Of A Deposit To The Payment Of A Depositor's Obligation, Mary Garner Borden
Rights And Duties Of A Bank In The Application Of A Deposit To The Payment Of A Depositor's Obligation, Mary Garner Borden
Kentucky Law Journal
No abstract provided.
The Liability Of Trustees Under The West Virginia Trust Investment Statute, W. L. Fugate
The Liability Of Trustees Under The West Virginia Trust Investment Statute, W. L. Fugate
West Virginia Law Review
No abstract provided.
Trusts-Banks And Banking-Set-Offs Against Trust Funds
Trusts-Banks And Banking-Set-Offs Against Trust Funds
Indiana Law Journal
No abstract provided.
Banks And Banking--Negotiable Instruments--Delivery Of Incomplete Instrument, E. H. B.
Banks And Banking--Negotiable Instruments--Delivery Of Incomplete Instrument, E. H. B.
West Virginia Law Review
No abstract provided.
Trusts - When Is The Beneficiary Of A Trust A Necessary Party In A Proceeding Involving The Trust Estate, Charles William Allen
Trusts - When Is The Beneficiary Of A Trust A Necessary Party In A Proceeding Involving The Trust Estate, Charles William Allen
Michigan Law Review
Two recent cases present the problem of the power of the trustee to represent the beneficiary in proceedings involving the trust estate. In Hood v. Cannon, arising in South Carolina, the trustee of an estate, upon merger of A bank into B bank, had applied to the probate court for permission to exchange A bank stock, held by the estate, for B bank stock. The court authorized the exchange in an ex parte proceeding to which the beneficiaries were not parties. B bank later failed, and the commissioner of banks brought suit against the defendant, the successor trustee, to …
Banks And Banking-Trusts-Special Deposits
Private Corporations--Banks And Banking--Pledge Of Bank Assets Held Ultra Vires
Private Corporations--Banks And Banking--Pledge Of Bank Assets Held Ultra Vires
West Virginia Law Review
No abstract provided.
Parent And Child--Effect Of Payment By Bank Of Child's Deposit To Parent Not A Legal Guardian, R. Doyne Halbritter
Parent And Child--Effect Of Payment By Bank Of Child's Deposit To Parent Not A Legal Guardian, R. Doyne Halbritter
West Virginia Law Review
No abstract provided.
Trust Preferences Of Depositors In Bank Insolvencies In West Virginia, R. E. Hagberg
Trust Preferences Of Depositors In Bank Insolvencies In West Virginia, R. E. Hagberg
West Virginia Law Review
No abstract provided.
Banks And Banking-Pledging Assets
Right Of A Bank To Pledge Its Assets As Security For A Public Deposit
Right Of A Bank To Pledge Its Assets As Security For A Public Deposit
Indiana Law Journal
No abstract provided.