Banking and Finance Law Commons^™

Tangibility As Technology, João Marinotti

Articles by Maurer Faculty

Property law has traditionally relied on tangible boundaries to delineate legal thinghood and to inform the bounds of in rem rights and duties. Unfortunately, property doctrines have fossilized around tangibility, causing fragmentation in the legal treatment of digital assets. In the United States, for example, cryptocurrencies and non-fungible tokens (NFTs) may simultaneously be classified as commodities, securities, currencies, assets, or not property at all, depending on the jurisdiction, domain, or specific asset in question. This fragmented system of overlapping legal treatments increases the information cost of using digital assets, decreases efficiency, and ultimately hinders future innovation.

In this Article, I …

Lending Innovations, Xuan-Thao Nguyen

Brooklyn Law Review

This article is about innovations. Startups and their founders in the innovation intensive sectors cannot reach their dreams without financing. They cannot turn to banks for loans. Banks, from community to commercial banks, shun startups due to antiquated banking law, business model and high risks associated with tech lending. But there are outlier banks who disrupt the banking business model with lending innovation, fueling startups with loans that allow tech innovations to occur from Silicon Valley to Route 128 of the northeast corridor, and from Shanghai, China to Herzliya, Israel. With qualitative and quantitative patent data, this article demonstrates how …

How Supreme Court Precedent Sheds Light On Corporate Bill Of Attainder Claims, Alina Veneziano

Seattle Journal for Social Justice

No abstract provided.

Two Decades Of Laws And Practice Around Screen Scraping In The Common Law World And Its Open Banking Watershed Moment, Han-Wei Liu

Washington International Law Journal

Screen scraping—a technique using an agent to collect, parse, and organize data from the web in an automated manner—has found countless applications over the past two decades. It is now employed everywhere, from targeted advertising, price aggregation, budgeting apps, website preservation, academic research, and journalism, to name a few. However, this tool has raised enormous controversy in the age of big data. This article takes a comparative law approach to explore two sets of analytical issues in three common law jurisdictions, the United States, the United Kingdom, and Australia. As the first step, this article maps out the trajectory of …

Securing Crypto: Exempting Certain Cryptoassets From The Arkansas Securities Act, Jesse Kloss

Arkansas Law Review

Out of fifty states in 2019, Arkansas was ranked forty-fourth for technology and innovation with a grade of “F,” thirty-sixth for economy with a grade of “D+,” and thirty-seventh for business friendliness with a grade of “D+.” It is time to make Arkansas an innovation and business friendly state. Exempting certain fully functional cryptoassets, those that have some purpose other than a speculative or investment purpose, from the Arkansas Securities Act is one step towards doing so.

The Singapore Global Restructuring Initiative, Aurelio Gurrea-Martinez, Smu Office Of Research

Research@SMU Infographics

The SMU School of Law has recently launched the Singapore Global Restructuring Initiative (SGRI) with the support of Ministry of Law. Led by Assistant Professor Aurelio Gurrea-Martinez, the SGRI is working on a variety of projects that seek to promote a better understanding of corporate insolvency laws.

The Future Of Reorganization Procedures In The Era Of Pre-Insolvency Law, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Several countries and regions around the world, including Singapore, the United Kingdom, and the European Union, are amending their restructuring framework to implement a pre-insolvency mechanism that includes most of the features that exist in the US Chapter 11 reorganization procedure. However, unlike what happens in the United States, where unsuccessful reorganizations lead to Chapter 7 liquidations, companies using this ‘de facto Chapter 11’ (DFCH11) are still allowed to use formal reorganization procedures. This article argues that, while the rise of the DFCH11 is not necessarily undesirable provided that various protections are put in place, jurisdictions implementing this restructuring tool …

Got Bounded Rationality And Political Gridlock? There's A Loan Disclosure Hack For That, Debra Pogrund Stark, Jessica M. Choplin, Andrew Pizor

Cleveland State Law Review

For decades, Congress has primarily relied upon the use of mandatory disclosure forms to protect consumers from entering into ill-advised loans by disclosing the terms of an offered loan before the borrower enters into it. This policy is not likely to change any time soon due to congressional gridlock. Frustratingly, despite improvements, consumers still have difficulties using these forms to obtain the key information and data they need to make wise decisions. These disclosures contain a great deal of information, and assume that consumers are capable of reading, understanding, and using all of it. Contrary to this assumption, research on …

The Progressive Turn: Politics And Policy In The Movement, Zephyr Teachout, Heather Gautney, Todd Melnick

Posters

Maloney Library lecture series, Behind the Book

Too Many To Fail: Against Community Bank Deregulation, Jeremy C. Kress, Matthew C. Turk

Northwestern University Law Review

Since the 2008 financial crisis, policymakers and scholars have fixated on the problem of “too-big-to-fail” banks. This fixation, however, overlooks the historically dominant pattern in banking crises: the contemporaneous failure of many small institutions. We call this blind spot the “too-many-to-fail” problem and document how its neglect has skewed the past decade of financial regulation. In particular, we argue that, for so- called community banks, there has been a pronounced and unjustifiable shift toward deregulation, culminating in sweeping regulatory rollbacks in the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018.

As this Article demonstrates, this deregulatory trend rests …

Is The Federal Reserve Constitutional? An Originalist Argument For Independent Agencies, Christine Kexel Chabot

Notre Dame Law Review

Originalists have written off the Federal Reserve’s independent monetary policy decisions as an unconstitutional novelty. This Article demonstrates that the independent structure of the Federal Reserve dates back to a Founding-era agency known as the Sinking Fund Commission. Like the Federal Reserve, the Commission conducted open market purchases of U.S. securities with substantial independence from the President. The Commission’s independent structure was proposed by Alexander Hamilton, passed by the First Congress, and signed into law by President George Washington. Their decisions to create an independent Commission with multiple members to check the President and one another—and to include the Vice …

Reimagining State Banking Regulators: How The Principles Underlying The Consumer Financial Protection Bureau Can Serve As A Blueprint For A New Regulatory Federalism, Seth Frotman

Maine Law Review

With hundreds of millions of Americans owing more than $14 trillion in combined household debt, a robust consumer financial protection framework is necessary to protect consumers when accessing critical credit markets. America relies on a complimentary system of regulatory federalism to uphold these protections, premised on robust state oversight and enforcement. However, the current implementation of this system is failing to meet the needs of this moment. Since the Great Recession, federal policymakers and regulators have devoted significant energy and resources to strengthen the oversight and accountability mechanisms of the consumer finance market—but these efforts have largely overlooked the need …

Foreword: Consumer Financial Protection Budget Proposal In California, Richard Cordray

Maine Law Review

No abstract provided.

Perceived Benefits And Barriers To Participation In Exercise Among Jordanian University Students, Khaldoun Hamdan

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Insufficient physical activity is a risk factor for many non-communicable diseases, therefore; the purpose of this study is to examine university students’ perceived exercise benefits and barriers. This cross-sectional descriptive study used Exercise Benefits/Barriers Scale to examine perceived benefits and barriers to exercise among a convenience sample of 517 university students in Jordan. Participants reported significantly higher perceived barriers to exercise than perceived benefits from exercise. The most important perceived barrier to exercise was “I am too embarrassed to exercise”. Moreover, “I will live longer if I exercise” and “exercising increases being accepted by others” were the most important perceived …

Project Management: A Help Or Hindrance A Collaborative Research, Ayman Abu-Rumman

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This small-scale mixed method study explored perceptions of how different project management approaches and tools are used by those working in industry and within academia, and how this may impact on collaborative research projects given their distinct and unique nature. The study also aimed to generate suggestions for how collaboration between industry and academia could be strengthened in the future. Underpinned by a phenomenological perspective, a survey and interviews were conducted with a sample of Jordanian professionals from different industry and academic organisations who had previous experience of working on collaborative research projects. The study identified, consistent with other studies, …

Build A Job Satisfaction Scale From The Views Of Aau Academic Staff In According With The Item Response Theory, Mohammed Marshoud

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The study aimed to build a job satisfaction scale from the views of AAU academic staff in according with the item response theory, where the population study consisted of all academic members at Al-Ahliyya Amman University (AAU) for the year (2018/2017), and they approximately reach (257) academic members, the sample consisted of (154) academic members, which constituted 60 of the original study population, (92) males and (62) females who were randomly selected. The study tool was designed and built based on theoretical literature and scales on measuring job satisfaction at universities. the study tool consisted of (60) items which were …

The Level Teachers’ Knowledge In Public Education For Learning Disabilities Students In Regards Of Variables In Kuwait, Ahmad Saeedy

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Knowledge, Teachers, learning difficulties, Kuwait, Training Experience

Review Of The Curving Techniques To Evaluate University Test Scores: A Critical And Analytical Study, Afif Rahma, Sophie Barguil

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study presents a critical review of the proposed mathematical methods for curving students scores. Through the presentation of these methods, the study attempts to ask key questions such as: the causes of dispersion in the tests results, the criteria and principles on which the curving methods are based, the limits of application of these methods. The study also attempts to examine the role of the cognitive level of the student, the subjective factors related to the process of learning and teaching, the conditions of admission and registration in the university programs, and the impact of the above on the …

The Impact Of Using The Electronic Barcode Test Via Smartphone In The Achievement Of The Graduate Students In The Achievement Of The Graduate Students In The Faculty Of Educational Sciences At Amman Arab University And Their Attitudes Towards It., Jehad Almomani, Moen Alnasraween

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aimed to identify the effectiveness of using barcode via smartphone in the achievement of graduate students in the Faculty of Educational Sciences at Amman Arab University and their attitudes towards it. The sample of this study is consisted of (63 male and female students studying the statistics in the scientific research course at the Faculty of Educational Sciences in the second semester of the academic year (2018-2019). The sample was selected in an intentional manner and it was divided randomly into two groups; one is experimental and the other one is control. To achieve the goal of this …

Human Resources Planning And Its Effect On The Application Of Total Quality Management Of Jazan University, Zakyeh Arishi, Ikhlas Altarawneh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims to examinethe effect of Human Resources Planning on the application of Total Quality Management at Jazan University. It aims to demonstrate the actuality of Human Resources Planning practices and process the application of Total Quality Management in Jazan University. The study adopts the descriptive analytical approach by using self-administrated questionnaire as a data collection method. The questionnaire was distributed to a convenient proper sample out of (100) top management level at human resources officials, and quality officials in Colleges of Arts and Sciences in Al-Ardha and Samtah, College of Education in-Arts Departments in Sabya, Academic Institution for …

Goal Orientation Driving To Study By The Students Institute Science And Technical Physical And Sports Activities In Souk Ahras University, Algeria, Bensayah Samir

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The purpose of the study was to know the level of goal orientation Driving to study by the students of institute science and technical physical and sports activities in Souk Ahras University, as the differences between them according to the variables of the sex, the level of study and the specialty. For that, the researcher used the descriptive analytical method and has distributed a questionnaire (Elliot & Charch 1997) to a simple of 72 students, then he statistically treated the results using the software spss. We found that students have a high level goal orientation and that there are no …

Harmonization Between The Outputs Of Community Colleges And The Labor Market In The Kingdom Of Saudi Arabia /Community College In Hafr Al-Batin As A Sample Model, Leena Alkhlewi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims to provide a methodology proposed to achieve harmonizing between the Graduates of community colleges and the Saudi labor market needs. The researcher uses the descriptive survey method. A questionnaire is made to collect credible and acceptable data, whose basic study sample is faculty members in Community Service College in Hafr Al-Batin, which are 32 members. Researcher has got 26 answers, and this study has been applied during academic year 2018G, 1439H. the most prominent results are that there is a high degree agreement of harmonizing between theoretical and applied courses, and that courses of Community College in …

The Degree Of Commitment Of The Faculty Members In The Faculty Of Arts And Sciences In Al-Ahliyya Amman University To The Basic Rules In Building Objective Tests, Attributed To Some Variables, Awnieh Sawalha, Asmaa Al Omary

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aimed to determine the degree of commitment among faculty members of the Art and Science faculty at Al Ahliyya Amman University to the basic rules in the construction of objective tests of 4 various types; true or false, filling the blank, multiple choice questions, comparison question. And weather the commitment degree is affected by different variables like years of experience and speciality. The study sample consisted of 41 faculty members, who were chosen intentionally from different specialties in the art and science faculty of the 2017/2018 academic year. The researchers developed a tool to measure the degree of …

Public Protector V South African Reserve Bank 2019 (6) Sa 253 (Cc), Dunia P. Zongwe

SAIPAR Case Review

No abstract provided.

The Political Economy Of The Removal Power, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

In the years leading up to the 2008 financial crisis, financial institutions targeted communities of color with expensive and risky subprime mortgage products. Hundreds of thousands of Black and Hispanic families were charged more for mortgages than their white counterparts or steered into expensive subprime loans, even though they qualified for cheaper prime loans. Over time, financial institutions like Countrywide pushed these "toxic" loans on more and more homeowners and expanded subprime lending throughout the country. When the music finally stopped in 2008, millions of families lost their jobs and their homes, and nearly $ii trillion in household wealth was …

Regulation Of Securities Offerings In California: Is It Time For A Change After A Century Of Merit Regulation?, Neal H. Brockmeyer

Loyola of Los Angeles Law Review

The California securities law originated in 1913 from a populist movement that embodied a paternalistic attitude toward the protection of investors. It was characterized by the registration of offerings of securities with few exemptions and exclusions, a qualitative review of the merits of those offerings and an administrator with broad authority to implement and enforce the law. While the California securities law is still based on merit review, exclusions and exemptions have been added and expanded over the years by the California legislature and securities regulators. More recently, Congress has preempted state registration and merit review of various securities and …

Fintech: New Battle Lines In The Patent Wars?, Megan M. La Belle, Heidi Mandanis Schooner

Cardozo Law Review

Historically, financial institutions have relied on trade secrets and first-mover advantages, rather than patents, to protect their inventions. For the few financial patents that were issued, conventional wisdom was that they weren’t terribly interesting or important. In our 2014 study on financial patents, we showed that banks were breaking from past patterns and increasingly seeking patent protection. We explained that financial institutions were primarily building their patent portfolios as a defensive measure—i.e., to protect themselves from infringement suits. Indeed, the finance industry successfully lobbied Congress to include provisions in the America Invents Act of 2011 that made it easier to …

Afghanistan's New Vat, Part 1: Invoice Matching Or A Unitary Digital Invoice, Richard Thompson Ainsworth, Musaad Alwohaibi, Andrew Leahey, Yujin Li, Haseena Rahman

Faculty Scholarship

In the summer of 1990 two groundbreaking articles on business process re-engineering (BPR) were published, one by Thomas H. Davenport (a professor in information technology at Babson College) in the MIT Sloan Management Review, the other by Michael Hammer (a professor of computer science at MIT) in the Harvard Business Review. BPR is a management strategy that analyzes IT-intensive workflow designs and business processes within an organization.

On December 21, 2020 (Jadi 1, 1399) Afghanistan was scheduled to implement a 10% VAT. It has been delayed one year by the pandemic. When it does implement, Afghanistan will have significant workflow …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

The United Kingdom's Secured Commercial Paper Facility (U.K. Gfc), Claire Simon

Journal of Financial Crises

In mid-2009, the Bank of England (Bank) opened the Secured Commercial Paper Facility (SCPF) as part of its larger Asset Purchase Facility (APF). Through the facility, the Bank offered to purchase secured commercial paper (SCP), a form of asset backed commercial paper, issued by approved programs from both dealers acting as principal in the primary market and after issue from secondary market holders. The facility was designed to establish the Bank as a ready buyer of SCP in the primary market and as a backstop purchaser in the secondary market. In extending the APF to include purchases of SCP, the …