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Securities

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Articles 121 - 141 of 141

Full-Text Articles in Banking and Finance Law

Accountants Make Miserable Policemen: Rethinking The Federal Securities Laws, Jerry W. Markham Jan 2003

Accountants Make Miserable Policemen: Rethinking The Federal Securities Laws, Jerry W. Markham

Faculty Publications

This Article describes the background of the federal securities laws and the assumptions about full disclosure that where made to justify the intrusive legislation. It also considers the problems encountered by the SEC in the nearly seven decades that have passed since the Stock Market Crash of 1929 and then reviews the market meltdown over the last three years and describes how full disclosure regulation failed. Finally, the author focuses on a principal flaw in the system – the misguided effort to turn accountants into policeman.

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Regulation And Investors' Trust In The Securities Market, Tamar Frankel Jan 2002

Regulation And Investors' Trust In The Securities Market, Tamar Frankel

Faculty Scholarship

The subject of investor confidence in the securities markets has received wide attention recently as details of fraud and avarice continue to emerge. Investors' trust in the securities markets is important for the reasons discussed in Professor Stout's marvelous paper.1 This Comment focuses on the relationship between investors' trust and government regulation of the markets. By regulation I mean congressional legislation and actions by federal agencies. I exclude the courts mainly because their lawmaking is not primarily policy-based, and my aim is to sound the alarm for legislative and regulatory policy-directed actions. Many an economist and academic have argued …

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Building A Strong Subnational Debt Market, Paul S. Maco Jan 2001

Building A Strong Subnational Debt Market, Paul S. Maco

Richmond Journal of Global Law & Business

Decentralization of responsibility for finance and growing infrastructure needs are two trends that are expected to stimulate a growth in government borrowing at the sub-national level. Statistics for the first half of 2000 show a significant increase in sub-national debt volume, with global public finance, excluding Canada and the United States, more than doubling that of the first half of 1999.

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Leach Keynote Address, James A. Leach Jan 2001

Leach Keynote Address, James A. Leach

Fordham Journal of Corporate & Financial Law

No abstract provided.

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The Resolution Of Securities Disputes, Constantine N. Katsoris Jan 2001

The Resolution Of Securities Disputes, Constantine N. Katsoris

Fordham Journal of Corporate & Financial Law

No abstract provided.

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The Sec's "Fair Value" Standard For Mutual Fund Investment In Restricted Shares And Other Illiquid Securities , Janet Kiholm Smith Dr. Jan 2001

The Sec's "Fair Value" Standard For Mutual Fund Investment In Restricted Shares And Other Illiquid Securities , Janet Kiholm Smith Dr.

Fordham Journal of Corporate & Financial Law

No abstract provided.

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The A.A. Sommer Annual Lecture On Corporate Securities & Financial Law, Foreward, John F.X. Peloso Jan 2001

The A.A. Sommer Annual Lecture On Corporate Securities & Financial Law, Foreward, John F.X. Peloso

Fordham Journal of Corporate & Financial Law

No abstract provided.

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The Misappropriation Theory Under The Chinese Securities Law - A Comparative Study With Its U.S. Counterpart, Wenyan Ma Jan 2000

The Misappropriation Theory Under The Chinese Securities Law - A Comparative Study With Its U.S. Counterpart, Wenyan Ma

Richmond Journal of Global Law & Business

The first stock exchange in China, the Shanghai Stock Exchange, opened n December 1990. Since then, China’s securities market has been a journey of unprecedented development. However, the fledgling securities market is troubled by rampant securities fraud, evidence by Chinese officials’ open admission that investment in China’s securities market is very risky because of fraud and corruption. After a tortuous six-year drafting process, on December 29, 1998, the Chinese parliament passed the country’s first national Securities Law (“the Chinese Securities Law”), hoping to regulate the overwhelming fraud and corruption in China’s securities market. The Chinese Securities Law devoted one entire …

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Pillars Of Civilization: Attorneys And Arbitration, Robert S. Clemente, Karen Kupersmith Jan 1999

Pillars Of Civilization: Attorneys And Arbitration, Robert S. Clemente, Karen Kupersmith

Fordham Journal of Corporate & Financial Law

No abstract provided.

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Securitization: The Conflict Between Personal And Market Law (Contract And Property), Tamar Frankel Jan 1999

Securitization: The Conflict Between Personal And Market Law (Contract And Property), Tamar Frankel

Faculty Scholarship

The road to securitization - transforming debt and loans into securities - is littered with obstacles. These obstacles seem unrelated. Yet, upon reflection, many legal and business problems arising in the securitization process can be traced to one source: the inherent conflict between contract law governing personal relations among creditors and debtors, and property law governing the same relations converted into "commodities" issued or traded in the market among investors. Identical terms can be characterized as contract loans in personal context, and as personal property (securities or bonds) in market context.

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The Insider Story, Richard C. Reuben Jun 1997

The Insider Story, Richard C. Reuben

Faculty Publications

The central issue in United States v. O'Hagan, No. 96-842, is the validity of the so-called "misappropriation theory" of insider trader liability under Section 10(b) of the Securities and Exchange Act of 1934. 15 US.C. 78(j)(b). The justices heard oral arguments in April. If the theory propounded by federal regulators is endorsed by the Court, it would expand insider trader liability under U.S. law.

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Laws Separating Commercial Banking And Securities Activities As An Impediment To Free Trade In Financial Services: A Comparative Study Of Competitiveness In The International Market For Financial Services, Sarah A. Wagman Jan 1994

Laws Separating Commercial Banking And Securities Activities As An Impediment To Free Trade In Financial Services: A Comparative Study Of Competitiveness In The International Market For Financial Services, Sarah A. Wagman

Michigan Journal of International Law

By comparing U.S., Japanese, and European institutions' competitiveness in the international market for financial services, this Note focuses on the possible implications of the Glass-Steagall Act in the international trade context as a means of exploring some of the additional arguments which have emerged in favor of reforming U.S. bank regulation.

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Money Laundering And Its Current Status In Switzerland: New Disincentives For Financial Tourism, Rebecca G. Peters Jan 1990

Money Laundering And Its Current Status In Switzerland: New Disincentives For Financial Tourism, Rebecca G. Peters

Northwestern Journal of International Law & Business

As a national source of tourism, the Swiss Alps are, at least in one sense, overshadowed by the banks and finance companies of Switzerland. Because of the relatively strict Swiss banking secrecy laws, the stability of the Swiss franc and the long-standing expertise of Swiss banks in currency trading, financial tourists in the past have relied with alarming consistency on Switzerland's financial system to "launder," i.e., introduce into the normal flow of legitimate capital, funds or assets stemming from illegal activities. Proof of Switzerland's status as a capital for financial tourism lies in the oft-observed coincidence that the trails of …

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Avoiding The Glass-Steagall And Bank Holding Company Acts: An Option For Bank Product Expansion, Rebecca A. Craft Jan 1983

Avoiding The Glass-Steagall And Bank Holding Company Acts: An Option For Bank Product Expansion, Rebecca A. Craft

Indiana Law Journal

No abstract provided.

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Bank Certificates Of Deposit: Notes Not In Tune With Securities Regulation, Mitchell S. Berkey Jan 1982

Bank Certificates Of Deposit: Notes Not In Tune With Securities Regulation, Mitchell S. Berkey

Fordham Urban Law Journal

This Note analyzes the legislative history of the Securities Act of 1933, the Securities Exchange Act of 1934, and the Banking Act of 1933 to ascertain whether Congress may have intended to include modern instruments such as high-yield time deposit savings certificates - items utilized today as alternative investment vehicles to minimize the effects of double digit inflation and interest rates. This Note examines the split among the circuits which have attempted to reconcile statutory language and congressional intent with the practicalities of the modern complex financial marketplace in determining whether promissory notes, including certificates of deposit, are securities. This …

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Mandating Disclosure In Municipal Securities Issues: Proposed New York Legislation, Thomas S. Currier Jan 1980

Mandating Disclosure In Municipal Securities Issues: Proposed New York Legislation, Thomas S. Currier

Fordham Urban Law Journal

This article surveys the existing mechanisims (primarily stemming from federal law) resulting in financial disclosure in connection with the offering and sale to the public of securities of New York municipal issuers. It also describes and compares alternative models for regimes of municipal issuer financial disclosure, such as the MFOA Guidelines, the federal Williams Bill and Industrial Bond Act and New York's Disclosure Proposals. The article ultimately concludes that although the isolated purpose of protecting investors in a municipal securities market that is largely national could most effectively be pursued by the imposition of uniform disclosure requirements through federal law, …

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Municipal Bonds--The Need For Disclosure, Daniel R. Schuda May 1976

Municipal Bonds--The Need For Disclosure, Daniel R. Schuda

West Virginia Law Review

No abstract provided.

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Judicial Control Of Cash Tender Offers-A Few Practical Recommendations, Ronald W. Oakes Oct 1974

Judicial Control Of Cash Tender Offers-A Few Practical Recommendations, Ronald W. Oakes

Indiana Law Journal

No abstract provided.

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Offshore Financing For United States Business Ventures, Jordan Bittle Oct 1972

Offshore Financing For United States Business Ventures, Jordan Bittle

Indiana Law Journal

No abstract provided.

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Duty Of Creditor To Pursue Remedy Against Principal Before Looking To Guarantor, H. C. J. Nov 1917

Duty Of Creditor To Pursue Remedy Against Principal Before Looking To Guarantor, H. C. J.

West Virginia Law Review

No abstract provided.

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Securities Arbitrations Involving Mortgage-Backed Securities And Collateralized Mortgage Obligations: Suitable For Unsuitability Claims?, Bradley J. Bondi Jan 1905

Securities Arbitrations Involving Mortgage-Backed Securities And Collateralized Mortgage Obligations: Suitable For Unsuitability Claims?, Bradley J. Bondi

Fordham Journal of Corporate & Financial Law

No abstract provided.

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