Banking and Finance Law Commons^™

Cross-Monitoring And Corporate Governance, Joanna M. Shepherd, Frederick Tung, Albert H. Yoon

Faculty Scholarship

We take the view that corporate governance must involve more than corporate law. Despite corporate scholars' nearly exclusive focus on corporate law mechanisms for controlling managerial agency costs, shareholders are not the only constituency concerned with such costs. Given the thick web of firms' contractual commitments, it should not be a surprise that other financial claimants may also attempt to control agency costs in their contracts with the firm. We hypothesize that this cross-monitoring by other claimants has value for shareholders.

We examine bank loans for empirical evidence of the value of cross-monitoring. Our approach builds on prior empirical work …

Pangaea: Converging Global Approaches To Bundled Brokerage And Soft Dollar Practices, Andrew R. Mannarino

Pace Law Review

No abstract provided.

Predatory Structured Finance, Christopher L. Peterson

Cardozo Law Review

No abstract provided.

Nontraditional Mortgage Products: Does Guidance Effectively Inform Borrowers Of Risk, Stuart M. Rigot

North Carolina Banking Institute

No abstract provided.

Creditor Certainty And Consumer Protection: Complaints As Initial Communications Under The Fair Debt Collection Practices Act, Brian Koontz

North Carolina Banking Institute

No abstract provided.

Regulatory Guidance On Concentrations In Commercial Real Estate Lending, H. Gary Pannell, Robert L. Carothers Jr.

North Carolina Banking Institute

No abstract provided.

Bank Holding Company Trust Preferred Securities: Recent Developments, Todd H. Eveson, John F. Schramm

North Carolina Banking Institute

No abstract provided.

Individual Development Accounts In North Carolina, Susan A. Williams

North Carolina Banking Institute

No abstract provided.

Stored Value Cards: Should We Know The Holder, John T. Albers

North Carolina Banking Institute

No abstract provided.

Secrets Hurt: How Swift Shook Up Congress, The European Union, And The U.S. Banking Industry, Jeremy S. Shrader

North Carolina Banking Institute

No abstract provided.

The Curse Of History: Good Bank Brands Make Bad Bank Trademarks, John M. Conley, Jayne C. Hunter

North Carolina Banking Institute

No abstract provided.

The Rise Of Southern Banking And The Disparities Among The States Following The Southeastern Regional Banking Compact, Thomas D. Hills

North Carolina Banking Institute

No abstract provided.

National Banks In The Commercial Real Estate Market: Alarm Over The Occ's Recent Expansion Of National Bank's Powers May Be Premature, Rick Jackson

North Carolina Banking Institute

No abstract provided.

Bank-Owned Life Insurance: Much More Than Just Janitors Insurance, Joel W. Mann

North Carolina Banking Institute

No abstract provided.

Payday Lending In North Carolina: Now You See It, Now You Don't, Scott A. Hefner

North Carolina Banking Institute

No abstract provided.

Scanning Legislative Efforts: Current Rfid Legislation Suffers From Misguided Fears, Kristina M. Willingham

North Carolina Banking Institute

No abstract provided.

Feeling The Stones: Measuring The Potential Of Deposit Insurance In China Through A Comparative Analysis, Daniel L. Mccullough

North Carolina Banking Institute

No abstract provided.

In The Name Of Parity: An Analysis Of The Fdic's Proposed Rulemaking To Preempt Certain State Banking Laws, E. Lang Hunter

North Carolina Banking Institute

No abstract provided.

Credit Unions: Who Should Be Able To Serve The Underserved, Jeremy D. Franklin

North Carolina Banking Institute

No abstract provided.

Comparing Foreign Investment In China, Post-Wto Accession, With Foreign Investment In The United States, Post-9/11, Jordan Brandt

Washington International Law Journal

Ever since China instituted its “open-door policy” (gai ge kai fang) in 1978, the historically autarkic and largely mysterious country has morphed through external interactions with foreign countries and corporations into a hotbed for foreign investment activity. This foreign investment activity has forever changed China’s standing in the global community; today, China stands firm and elevated amongst the ranks of the globalized community as one of the leaders in attracting foreign investment. This article examines China’s rise as an economic power through the use of its foreign investment laws. It then compares the experience of China, a communist …

Time To Avert A Bailout, David J. Reiss

Cornell Law Faculty Working Papers

More and more bad news piles up about Freddie Mac and Fannie Mae, the two government-chartered, but publicly traded, mortgage finance companies. If Fannie or Freddie were to become insolvent, the American taxpayer would be on the hook for the cost of making good on the government's implied guarantees.

Is The Lack Of Trusts An Impediment For Expanding Business Opportunities In Latin America?, Dante Figueroa

ExpressO

The trust is considered one of the most useful legal structures for promoting business in the United States. In Latin America, in contrast, the trust ("fideicomiso") has been used only in limited circumstances in the commercial and financial realms. While the Anglo-American trust is an exceedingly flexible and pragmatic legal tool, the Latin American fideicomiso has been described as a rigid and outdated institution. Business and legal experts have determined that the lack of an Anglo-American-type trust in Latin America is one of the major obstacles that investors face when attempting to do business in the region. In order for …

Of Cabbages And Cabotage: The Case For Opening Up The U.S. Airline Industry To International Competition, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article attempts to show that the economic advantages of free trade in the airline industry is no less than other industries, but also that the reasons posited for the rejection of free trade do not stand up to comprehensive analysis. Proposed herein is the adoption of "cabotage," defined by the Standard Dictionary of the English language as "air transport of passengers and goods within the same national territory. ' The definition adopted by International Civil Aviation Organization (ICAO) at the Chicago Convention is, "Each state shall have the right to refuse permission to the aircraft of other contracting states …

The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Unlicensed Money Transmitting Businesses And Mens Rae Under The Usa Patriot Act, Andrew Schouten

McGeorge Law Review

No abstract provided.

Preliminary Background Paper On The Canada Interest Act, Thomas G. W. Telfer

Law Publications

No abstract provided.

The Next Level Of Environmental Protection: Business Strategies And Government Policies Converging On Sustainability, Alan D. Hect

Sustainable Development Law & Policy

No abstract provided.

Regulating Multinational Corporations: Towards Principles Of Cross-Border Legal Frameworks In A Globalized World Balancing Rights With Responsibilities, Joseph E. Stiglitz

American University International Law Review

No abstract provided.

Preemption, Agency Cost Theory, And Predatory Lending By Banking Agents: Are Federal Regulators Biting Off More Than They Can Chew , Christopher L. Peterson

American University Law Review

A pitched battle is currently being waged for control of the American banking industry. For over a hundred years, the federal and state governments have maintained a complex, but relatively stable truce in their contest for power. At the beginning of our republic, state governments were the primary charterers and regulators of banks. In the wake of the Civil War, the National Bank Act created parity between federal and state banks, cementing the notion of a dual banking system that endured through the twentieth century. But in the past five years, the federal government has increasingly used its powers under …

The Pension Protection Act Of 2006: An Overview Of Sweeping Changes In The Law Governing Retirement Plans, 40 J. Marshall L. Rev. 843 (2007), Craig C. Martin, Joshua Rafsky

UIC Law Review

No abstract provided.