Banking and Finance Law Commons^™

Finding Middle Ground In The Preemption War Between States And Federal Financial Institutions: The Practical Limitations On State Farm Bank, F.S.B. V. Reardon, Emma J. Hodson

North Carolina Banking Institute

No abstract provided.

The Cooperative Structure Of The Federal Home Loan Banks: A Model For Government Sponsored Enterprises, Jill Spencer, Julia Brown, Reggie O'Shields

North Carolina Banking Institute

No abstract provided.

Chinese Banks' Reemergence In The United States, John D. Fitspatrick

North Carolina Banking Institute

No abstract provided.

401(K) Debit Card: Valuable Asset Or Another Way To Deplete Retirement Accounts, Andrew O. Furuseth

North Carolina Banking Institute

No abstract provided.

Bankruptcy Reform And The Financial Crisis, Melissa B. Jacoby

North Carolina Banking Institute

No abstract provided.

Filling A Regulatory Gap: It Is Time To Regulate Over-The-Counter Derivatives, Thomas Lee Hazen

North Carolina Banking Institute

No abstract provided.

In Remembrance: Donald F. Clifford, Jr., Lissa L. Broome

North Carolina Banking Institute

No abstract provided.

Extraordinary Government Intervention To Bolster Bank Balance Sheets, Lissa L. Broome

North Carolina Banking Institute

No abstract provided.

Auction-Rate Securities: A Fast &(And) Furious Fall, Sean T. Seelinger

North Carolina Banking Institute

No abstract provided.

Private Equity Investment In Financial Institutions And How To Avoid Becoming A Bank Holding Company, Ravi R. Desai

North Carolina Banking Institute

No abstract provided.

The Exploitation Of Bank Charges And Undermining Of Consumer Protection: Exploring The Realms Of High-To-Low Check Posting, Willie E. Spruill Ii

North Carolina Banking Institute

No abstract provided.

Libor Left In Limbo; A Call For More Reform, Justin T. Wong

North Carolina Banking Institute

No abstract provided.

Introduction, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

Stripping Off Market Accountability: Housing Policy Perspectives On The Crises In The Financial System, Charles E. Daye

North Carolina Banking Institute

No abstract provided.

North Carolina's Emergency Measures To Reduce Home Foreclosures, Carolyn E. Waldrep

North Carolina Banking Institute

No abstract provided.

The Federal Reserve's Catch-22: A Legal Analysis Of The Federal Reserve's Emergency Powers, Thomas O. Porter Ii

North Carolina Banking Institute

No abstract provided.

The Emerging U.S. Market For Covered Bonds, Miller Jefferson

North Carolina Banking Institute

No abstract provided.

The New Crisis For The New Century: Some Observations On The "Big-Picture" Lessons Of The Global Financial Crisis Of 2008, Saule T. Omarova

Cornell Law Faculty Publications

The unprecedented scale and complex contagion effects of the current financial crisis, which rapidly spread across geographic borders and market segmentation lines, forcefully underscored the urgent need for policy-makers, financial regulators, and market participants around the world to develop a deeper substantive understanding of the fundamental changes in the dynamics of modern financial markets. Although, in a historical perspective, all financial crises tend to display certain basic commonalities, two key factors make the crisis of 2008 qualitatively different from the panics and crashes of the past centuries. First, this is the world's first truly global financial crisis. Second, this is …

Achieving The American Dream In Debt? Why The Usa Patriot Act Puts Undocumented Immigrants At Risk For Abuse By The Payday Loan Industry, Katherine Houren

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina

San Diego International Law Journal

Modern Ukrainian commercial law started to develop following the break-up of the Soviet Union in August 1991 and the reemergence of Ukraine as an independent democratic state. As a result of the break-up, in 1991 the new state of Ukraine inherited the jurisprudence, institutions and government of the former Ukrainian Soviet Socialist Republic. While Ukraine quickly shed its Soviet past by changing the communist names of streets and institutions, the transition was not as easy when it came to substantive changes in Ukrainian jurisprudence and legal thinking. Ukraine needed to develop its own system of law to establish an open …

Information Disclosure, Risk Trading And The Nature Of Derivative Instruments: From Common Law Perspective, Christopher Chao-Hung Chen

Research Collection Yong Pung How School Of Law

This paper explores issues of pre-contractual disclosure for derivative instruments, of which this paper describes as contracts to trade risks, in the UK and US. While there is no general duty of disclosure in common law, this paper focuses on whether there should be a duty of disclosure for derivative instruments by comparing with securities law and insurance law. This paper argues that mandatory disclosure in the securities market cannot be extended to exchange-traded futures contracts (save where securities are involved) because of the nature of securities. In addition, this paper argues that derivative instruments, though similar to insurance in …

Quebec's Module D'Enregistrement Des Ventes (Mev): Fighting The Zapper, Phantomware And Tax Fraud With Technology, Richard Thompson Ainsworth

Faculty Scholarship

On January 28, 2008 the Quebec Minister of Revenue, Jean-Marc Fournier, announced that by late 2009 the MRQ will begin testing a device, the module d'enregistrement des ventes (MEV) that is projected to substantially reduce tax fraud in the restaurant sector. By 2010 or 2011 MEVs will be mandatory in all Quebec restaurants, where they will assure accuracy and retention of business records within electronic cash registers (ECRs).

This paper moves beyond a discussion of the variety of sales suppression programs in use - zappers and phantom-ware. The concern here is on enforcement efforts, particularly the MEV. The intent is …

The Hedge Fund Transparency Act Of 2009, Anita Krug

All Faculty Scholarship

This white paper provides a review and critique of a bill introduced by Senators Charles Grassley (R-Iowa) and Carl Levin (D-Mich.) in the Senate in early 2009 that, if enacted, would have imposed certain registration and disclosure requirements on hedge funds and certain other private funds.

California Biometrics: A Second Proposal For California's Commission On The 21st Century Economy, Richard Thompson Ainsworth

Faculty Scholarship

This proposal takes a long view to revenue reform. It seeks to fundamentally align the sales tax with the digital foundation of the 21st Century economy.

The core policy question is whether California is willing to change the way it defines sales tax exemptions; is it willing to move from product-centric to person-centric exemptions. Certified tax determination systems can be relied upon. A key element in this proposal is the encryption of exemption certificates in IDs (smart cards with biometric identifiers that will allow the poor or handicapped to make certain purchases tax free).

This proposal suggests that (for example) …

Transfer Pricing In Vat/Gst Vs. Direct Taxation: A Paper On The Topic Of Relations Between Associated Companies, Richard Thompson Ainsworth

Faculty Scholarship

This paper considers transfer pricing in VAT/GST and direct taxes, one of a range of tax relationships that flow between associated companies. The topic necessarily proposes an inquiry into vertical harmonization of transfer pricing norms alongside an assessment of present efforts to horizontally harmonize transaction values.

Stated differently, the vertical inquiry is: should the same transaction between the same associated enterprises be valued in the same manner by a single country in VAT/GST and direct taxes? The horizontal effort is: should two jurisdictions treat transactions between associated enterprises within their respective jurisdictions in the same manner in VAT/GST and direct …

California Zappers: A Proposal For The Commission For The 21st Century Economy, Richard Thompson Ainsworth

Faculty Scholarship

California has not uncovered a single instance of technology-assisted cash skimming - there are no zappers, and no phantomware in California. Is this because Californians are not skimming cash sales with technology, or is this because the California technology works so well that the fraud cannot be detected?

The record in foreign jurisdictions is reasonable clear. Automated sales suppression technology is widely used to skim cash sales, denying the state revenues from consumption taxes that have been paid by the consumer, reducing taxable business profits, and funding a cash hoard out of which unreported employee wages are paid. Government studies …

Deterring "Double-Play" Manipulation In Financial Crisis: Increasing Transaction Cost As A Regulatory Tool, Lin (Lynn) Bai, Rujing Meng

Faculty Articles and Other Publications

The sub-prime mortgage crisis that originated in the United States has triggered a global credit crunch, threatening the solvency of emerging markets that have relied heavily on foreign debt, and resulting in the devaluation of their currencies. Currency market interventions by the central banks in countries with a currency board system lead to higher short-term interest rates and further declinations in the local stock market. This economic setting invites the double-play manipulation strategy that simultaneously attacks both the local currency and the stock market. History has shown that a central bank’s stock market intervention is costly and that sustaining the …

The Great American Housing Bubble: Re-Examining Cause And Effect, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

The current quest to identify scapegoats upon whom to cast blame for the housing bubble collapse are fundamentally misdirected inasmuch as all bubbles, like all Ponzi schemes, inevitably collapse-the only question being one of timing. Focus should instead be placed on the causes of the bubble itself, for only by doing so can sound economic policies be devised in a manner that will prevent future bubbles. Primary causes of the creation of the housing bubble are extravagant house subsidies lavished disproportionately on the top tiers of income earners; restriction of the supply of housing through local exclusionary policies; social policies …

Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi

UIC Law Review

No abstract provided.

The Unaccountability Of The Accounting Regulators: Analyzing The Constitutionality Of The Public Company Accounting Oversight Board, 42 J. Marshall L. Rev. 1019 (2009), Whitney Innes

UIC Law Review

No abstract provided.