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Articles 4771 - 4800 of 7309

Full-Text Articles in Banking and Finance Law

Identity Theft: Plugging The Massive Data Leaks With A Stricter Nationwide Breach-Notification Law, 40 J. Marshall L. Rev. 681 (2007), Amanda Draper Jan 2007

Identity Theft: Plugging The Massive Data Leaks With A Stricter Nationwide Breach-Notification Law, 40 J. Marshall L. Rev. 681 (2007), Amanda Draper

UIC Law Review

No abstract provided.


Legitimizing Private Placement Broker-Dealers Who Deal With Private Investment Funds: A Proposal For A New Regulatory Regime And A Limited Exception To Registration, 40 J. Marshall L. Rev. 703 (2007), Robert Connolly Jan 2007

Legitimizing Private Placement Broker-Dealers Who Deal With Private Investment Funds: A Proposal For A New Regulatory Regime And A Limited Exception To Registration, 40 J. Marshall L. Rev. 703 (2007), Robert Connolly

UIC Law Review

No abstract provided.


The Turn To Ethics: Disinvestment From Multinational Corporations For Human Rights Violations - The Case Of Norway's Sovereign Wealth Fund, Simon Chesterman Jan 2007

The Turn To Ethics: Disinvestment From Multinational Corporations For Human Rights Violations - The Case Of Norway's Sovereign Wealth Fund, Simon Chesterman

American University International Law Review

No abstract provided.


Banking The Poor: Overcoming The Financial Services Mismatch, Michael S. Barr Jan 2007

Banking The Poor: Overcoming The Financial Services Mismatch, Michael S. Barr

Book Chapters

Low-income households often lack access to bank accounts and face high costs for transacting basic financial services through check cashers and other alternative financial service providers. Twenty-two percent of low- and moderateincome American households do not have a checking or savings account. Many other "underbanked" families have bank accounts but still rely on high-cost financial services. These households find it more difficult to save and plan financially for the future. Living paycheck to paycheck leaves them vulnerable to medical or job emergencies that may endanger their financial stability, and lack of longer-term savings undermines their ability to improve skills, purchase …


From North-South Divide To Private-Public Debate: Revival Of The Calvo Doctrine And The Changing Landscape In International Investment Law, Wenhua Shan Jan 2007

From North-South Divide To Private-Public Debate: Revival Of The Calvo Doctrine And The Changing Landscape In International Investment Law, Wenhua Shan

Northwestern Journal of International Law & Business

After dominating Latin American states for over a century, the Calvo Doctrine has been widely described as "dead," particularly in the wake of the global tide of economic liberalization that began in the 1990s. However, some recent moves within and beyond Latin America suggest that this principle is not dead, but on the resurgence. The "Revival of Calvo" phenomenon signals a change of direction in international investment law: neo-liberalism no longer dominates international investment law-making, and a more balanced, and perhaps also a more conservative and nationalistic approach, is gaining ground. This Article explores these recent events and analyzes to …


Still "Ain't No Glory In Pain": How The Telecommunications Act Of 1996 And Other 1990s Deregulation Facilitated The Market Crash Of 2002, André Douglas Pond Cummings Jan 2007

Still "Ain't No Glory In Pain": How The Telecommunications Act Of 1996 And Other 1990s Deregulation Facilitated The Market Crash Of 2002, André Douglas Pond Cummings

Fordham Journal of Corporate & Financial Law

No abstract provided.


Impediments To Financial Development In The Banking Sector: A Comparison Of The Impact Of Federalism In The United States And Germany, Khalil Nicholas Maalouf Jan 2007

Impediments To Financial Development In The Banking Sector: A Comparison Of The Impact Of Federalism In The United States And Germany, Khalil Nicholas Maalouf

Michigan Journal of International Law

This Note examines how differences in U.S. and German variants of federalism have contributed to the formation and development of the dual banking system in the United States and the three-pillar banking system in Germany. Specifically, this Note considers the manner in which federalism has informed the respective banking systems' reactions to dynamic changes in the global banking industry and analyzes the role federalism has played in contributing to or impeding reform efforts in the United States and Germany.


Contracting For Financial Privacy: The Rights Of Banks And Customers Under The Reauthorized Patriot Act, Aditi A. Prabhu Jan 2007

Contracting For Financial Privacy: The Rights Of Banks And Customers Under The Reauthorized Patriot Act, Aditi A. Prabhu

Loyola University Chicago Law Journal

The 2001 Patriot Act chipped away financial privacy protections by allowing law enforcement authorities easier access to bank customer records. Under the Patriot Act, federal authorities may access customer records by issuing formal subpoena-like requests under the Foreign Intelligence Surveillance Act ("FISA") or informal national security letters ("NSLs") to banks while prohibiting notice to any affected customers. However, the 2006 revisions to the Patriot Act permit banks to challenge FISA requests and NSLs in federal court before releasing customer records. While the Act does not require banks to make these challenges on behalf of their customers, this Article will argue …


Exploring The Limits Of The Restorative Justice Paradigm: Restorative Justice And White-Collar Crime, Zvi D. Gabbay Jan 2007

Exploring The Limits Of The Restorative Justice Paradigm: Restorative Justice And White-Collar Crime, Zvi D. Gabbay

Cardozo Journal of Conflict Resolution

Part I of this article introduces the restorative justice paradigm. It defines restorative justice and its basic values and principles and presents two theories which illustrate the goals of restorative interventions and the basic requirements for their commencement. Part II introduces white-collar crime and focuses on high-profile white-collar crime committed by corporate executives. This part discusses the centrality of white-collar crime within the criminal justice system and society in general and reviews the latest developments in legislation and sentencing policies on white-collar crime. Part III argues that the restorative justice paradigm should be applied to high-profile white-collar crime as a …


A Social Defense Of Sarbanes-Oxley, James A. Fanto Jan 2007

A Social Defense Of Sarbanes-Oxley, James A. Fanto

Faculty Scholarship

No abstract provided.


Nsf Fees, James J. White Jan 2007

Nsf Fees, James J. White

Articles

Overdraft fees now make up more than half of banks' earnings on consumer checking accounts. In the past century, overdrafts have gone from the banker's scourge to the banker's profit center as bankers have learned that there is much to be made on these short term loans at breathtaking interest rates. I note that the federal agencies have been complicit in the growth of this form of lending. I propose that the banks and the agencies recognize the reality and attempt to mitigate these rates by encouraging the development of a competitive market.


Time To Step Up: Modeling The African American Ethnivestor For Self-Help Entrepreneurship In Urban America, Roger M. Groves Jan 2007

Time To Step Up: Modeling The African American Ethnivestor For Self-Help Entrepreneurship In Urban America, Roger M. Groves

Michigan Journal of Race and Law

When the United States Congress passed legislation in late 2000 to revitalize the urban core with incentives for equity investors, African Americans were inconspicuously absent as stakeholders in the enterprise. Subsidies in the form of tax credits were instead gobbled up by investor groups who developed upscale hotel-convention centers, high priced condominiums, and symphony orchestra venues that the pre-existing poor residents could not afford. The focus of this Article is not to blame those investors who took advantage of the opportunity, though they perverted the purpose of the subsidy. Rather, this Article seeks to identify a new substrata of the …


Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter Jan 2007

Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter

Sustainable Development Law & Policy

No abstract provided.


Financial Accounting And Corporate Behavior, David I. Walker Jan 2007

Financial Accounting And Corporate Behavior, David I. Walker

Faculty Scholarship

The power of financial accounting to shape corporate behavior is underappreciated. Positive accounting theory teaches that even cosmetic changes in reported earnings can affect share value, not because market participants are unable to see through such changes to the underlying fundamentals, but because of implicit or explicit contracts that are based on reported earnings and transaction costs. However, agency theory suggests that accounting choices and corporate responses to accounting standard changes will not necessarily be those that maximize share value. For a number of reasons, including the fact that executive compensation often is tied to reported earnings, managerial preferences for …


An Inclusive, Progressive National Savings And Financial Services Policy, Michael S. Barr Jan 2007

An Inclusive, Progressive National Savings And Financial Services Policy, Michael S. Barr

Articles

How many of us walk by the signs for "Checks Cashed Here," "Money Orders for Sale," and "Payday Loans: Get Cash Quick" without thinking about the implications of those signs for the daily lives of lower-income households? Most of us can take for granted getting our paychecks directly deposited into our bank accounts, writing a check, or storing our money in an account. We often struggle to save for longer-term goals, such as our children's education, or retirement, but most of us, most of the time, do not worry whether our savings or insurance will be enough to get us …


Stapled Securities--"The Next Big Thing" For Income Trusts? Useful Lessons From The Us Experience With Stapled Shares, Reuven S. Avi-Yonah, Tim Edgar, Fadi Shaheen Jan 2007

Stapled Securities--"The Next Big Thing" For Income Trusts? Useful Lessons From The Us Experience With Stapled Shares, Reuven S. Avi-Yonah, Tim Edgar, Fadi Shaheen

Articles

The Department of Finance has introduced two separate sets of legislation that together attempt to limit demand in the income trust market (though with very different revenue consequences). However, neither the proposed legislation nor the existing Income Tax Act contains an equity recharacterization rule. Consequently, the tax results associated with the standard income trust and royalty trust structures can still be realized with direct holding structures, in which the use of a trust as a pooling mechanism is eliminated and investors hold directly a combination of high-yield junk debt and a specified number of shares of the issuer. Until now, …


A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach Jan 2007

A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach

Fordham Journal of Corporate & Financial Law

No abstract provided.


A "Tic"Ing Time Bomb: Rule 506 Meets Section 1031, Elizabeth A. Whitman Jan 2007

A "Tic"Ing Time Bomb: Rule 506 Meets Section 1031, Elizabeth A. Whitman

Fordham Journal of Corporate & Financial Law

No abstract provided.


Payday Lending: Do Outrageous Prices Necessarily Mean Outrageous Profits, Aaron Huckstep Jan 2007

Payday Lending: Do Outrageous Prices Necessarily Mean Outrageous Profits, Aaron Huckstep

Fordham Journal of Corporate & Financial Law

No abstract provided.


Risk Distribution In The Capital Markets: Credit Default Swaps, Insurance And A Theory Of Demarcation, Robert F. Schwartz Jan 2007

Risk Distribution In The Capital Markets: Credit Default Swaps, Insurance And A Theory Of Demarcation, Robert F. Schwartz

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Seventh Annual A.A. Sommer, Jr. Lecture On Corporate, Securities & Financial Law: The U.K Fsa: Nobody Does It Better?, William Michael Treanor, Ben A. Indek, Jill E. Fisch Jan 2007

The Seventh Annual A.A. Sommer, Jr. Lecture On Corporate, Securities & Financial Law: The U.K Fsa: Nobody Does It Better?, William Michael Treanor, Ben A. Indek, Jill E. Fisch

Fordham Journal of Corporate & Financial Law

No abstract provided.


A Little Less Conversation, A Little More Action: Evaluating And Forecasting The Trend Of More Frequent And Severe Prosecutions Under The Foreign Corrupt Practices Act, Justin F. Marceau Jan 2007

A Little Less Conversation, A Little More Action: Evaluating And Forecasting The Trend Of More Frequent And Severe Prosecutions Under The Foreign Corrupt Practices Act, Justin F. Marceau

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Irs’S Cost-Sharing Proposals In The Worldwide Tax System: Why Congress Should Avoid Anti-Competitive Transfer Pricing Regulations And Embrace A Territorial Tax, James D. Mandolfo Jan 2007

The Irs’S Cost-Sharing Proposals In The Worldwide Tax System: Why Congress Should Avoid Anti-Competitive Transfer Pricing Regulations And Embrace A Territorial Tax, James D. Mandolfo

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Role Of Financial Journalists In Corporate Governance, Michael J. Borden Jan 2007

The Role Of Financial Journalists In Corporate Governance, Michael J. Borden

Fordham Journal of Corporate & Financial Law

No abstract provided.


Director Compliance With Elusive Fiduciary Duties In A Climate Of Corporate Governance Reform, Nadelle Grossman Jan 2007

Director Compliance With Elusive Fiduciary Duties In A Climate Of Corporate Governance Reform, Nadelle Grossman

Fordham Journal of Corporate & Financial Law

No abstract provided.


Confidential Informants In Private Litigation: Balancing Interests In Anonymity And Disclosure, Ethan D. Wohl Jan 2007

Confidential Informants In Private Litigation: Balancing Interests In Anonymity And Disclosure, Ethan D. Wohl

Fordham Journal of Corporate & Financial Law

No abstract provided.


Compensation Practices For Retail Sale Of Mutual Funds: The Need For Transparency And Disclosure, John Howat, Linda Reid Jan 2007

Compensation Practices For Retail Sale Of Mutual Funds: The Need For Transparency And Disclosure, John Howat, Linda Reid

Fordham Journal of Corporate & Financial Law

No abstract provided.


Airline Liability For Loss, Damage, Or Delay Of Passenger Baggage, M. R. Franks Jan 2007

Airline Liability For Loss, Damage, Or Delay Of Passenger Baggage, M. R. Franks

Fordham Journal of Corporate & Financial Law

No abstract provided.


Sec Settlement: Agency Self-Interest Or Public Interest, Danné L. Johnson Jan 2007

Sec Settlement: Agency Self-Interest Or Public Interest, Danné L. Johnson

Fordham Journal of Corporate & Financial Law

No abstract provided.


Ethics: Inherent In Islamic Finance Through Shari'a Law; Resisted In American Business Despite Sarbanes-Oxley, Christine Walsh Jan 2007

Ethics: Inherent In Islamic Finance Through Shari'a Law; Resisted In American Business Despite Sarbanes-Oxley, Christine Walsh

Fordham Journal of Corporate & Financial Law

No abstract provided.