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Banking and Finance Law

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Articles 1081 - 1110 of 1457

Full-Text Articles in Business Organizations Law

Securities Arbitrators Do Not Grow On Trees, Constantine N. Katsoris Jan 2008

Securities Arbitrators Do Not Grow On Trees, Constantine N. Katsoris

Fordham Journal of Corporate & Financial Law

No abstract provided.


Approaching Comparative Company Law , David C. Donald Jan 2008

Approaching Comparative Company Law , David C. Donald

Fordham Journal of Corporate & Financial Law

No abstract provided.


Federal Regulation And Legislation In The Wake Of The Subprime Mortgage Meltdown: A Legal Philosophical Analysis Of Federal Government Responses To Market Bubbles, Joshua Wirth Jan 2008

Federal Regulation And Legislation In The Wake Of The Subprime Mortgage Meltdown: A Legal Philosophical Analysis Of Federal Government Responses To Market Bubbles, Joshua Wirth

Fordham Journal of Corporate & Financial Law

No abstract provided.


Waging War With Wal-Mart: A Cry For Change Threatens The Future Of Industrial Loan Corporations, Zachariah J. Lloyd Jan 2008

Waging War With Wal-Mart: A Cry For Change Threatens The Future Of Industrial Loan Corporations, Zachariah J. Lloyd

Fordham Journal of Corporate & Financial Law

No abstract provided.


Bridging The Gaps: How Cross-Disciplinary Training With Mbas Can Improve Transactional Education, Prepare Students For Private Practice, And Enhance University Life., Seth Freeman Jan 2008

Bridging The Gaps: How Cross-Disciplinary Training With Mbas Can Improve Transactional Education, Prepare Students For Private Practice, And Enhance University Life., Seth Freeman

Fordham Journal of Corporate & Financial Law

No abstract provided.


A Redeeming Interest In Religious Freedom: Are Islamic Mortgage Alternatives Clogs On The Right Of Redemption?, Scott Griswold Jan 2008

A Redeeming Interest In Religious Freedom: Are Islamic Mortgage Alternatives Clogs On The Right Of Redemption?, Scott Griswold

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Antitrust Aspects Of Bank Mergers, Editors' Forward Jan 2008

The Antitrust Aspects Of Bank Mergers, Editors' Forward

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Antitrust Aspects Of Bank Mergers - Introduction, Carl Felsenfeld Jan 2008

The Antitrust Aspects Of Bank Mergers - Introduction, Carl Felsenfeld

Fordham Journal of Corporate & Financial Law

No abstract provided.


Fin Rah!...A Welcome Change: Why The Merger Was Necessary To Preserve U.S. Market Integrity, Yesenia Cervantes Jan 2008

Fin Rah!...A Welcome Change: Why The Merger Was Necessary To Preserve U.S. Market Integrity, Yesenia Cervantes

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Cra: A Welcome Anomaly In The Foreclosure Crisis, Warren W. Traiger Jan 2008

The Cra: A Welcome Anomaly In The Foreclosure Crisis, Warren W. Traiger

NYLS Law Review

No abstract provided.


The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin Jan 2008

The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin

NYLS Law Review

No abstract provided.


In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston Jan 2008

In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston

NYLS Law Review

No abstract provided.


Introduction, Richard Marsico Jan 2008

Introduction, Richard Marsico

NYLS Law Review

No abstract provided.


The Community Reinvestment Act At 30: Looking Back And Looking To The Future, John Taylor, Josh Silver Jan 2008

The Community Reinvestment Act At 30: Looking Back And Looking To The Future, John Taylor, Josh Silver

NYLS Law Review

No abstract provided.


Urban Development And Unequal Access To Housing Finance Services, Gregory D. Squires Jan 2008

Urban Development And Unequal Access To Housing Finance Services, Gregory D. Squires

NYLS Law Review

No abstract provided.


Cftc Regulation 1.59 Fails To Adequately Regulate Insider Trading, Gary Rubin Jan 2008

Cftc Regulation 1.59 Fails To Adequately Regulate Insider Trading, Gary Rubin

NYLS Law Review

No abstract provided.


Deconstructing Equity: Public Ownership, Agency Costs, And Complete Capital Markets, Charles K. Whitehead, Ronald J. Gilson Jan 2008

Deconstructing Equity: Public Ownership, Agency Costs, And Complete Capital Markets, Charles K. Whitehead, Ronald J. Gilson

Cornell Law Faculty Publications

The traditional law and finance focus on agency costs presumes that the premise that diversified public shareholders are the cheapest risk bearers is immutable. In this Essay, we raise the possibility that changes in the capital markets have called this premise into question, drawn into sharp relief by the recent private equity wave in which the size and range of public companies being taken private expanded significantly. In brief, we argue that private owners, in increasingly complete markets, can transfer risk in discrete slices to counterparties who, in turn, can manage or otherwise diversify away those risks they choose to …


A Requiem For Sam's Bank, Ronald J. Mann Jan 2008

A Requiem For Sam's Bank, Ronald J. Mann

Faculty Scholarship

This paper situates Wal-Mart's failed application to form a banking subsidiary in the context of payments policy. Generally, I argue that permitting Wal-Mart to have a bank would have a salutary effect on the relatively uncompetitive market for payment networks. The dominant position of Visa and MasterCard, in which payments are priced above cost to subsidize credit, inevitably will give way to a world in which payment services are priced at cost, or even below cost as a loss-leader to attract customers to other goods and services. Entry into this market by Wal-Mart would be likely to spur more robust …


The Paradox Of Financial Services Regulation: Preserving Client Expectations Of Loyalty In An Industry Rife With Conflicts Of Interest, Andrew F. Tuch Jan 2008

The Paradox Of Financial Services Regulation: Preserving Client Expectations Of Loyalty In An Industry Rife With Conflicts Of Interest, Andrew F. Tuch

Scholarship@WashULaw

This paper considers the implications of Australian Securities and Investments Commission v. Citigroup [2007] FCA 963, a landmark decision of the Federal Court of Australia. The case highlights an apparent paradox in financial services regulation: at the same time as allowing, or even fostering, the development of financial services conglomerates, regulation in multiple jurisdictions preserves potentially incompatible general law obligations that arise from client expectations of loyalty. The paradox is most evident in the context of the modern investment bank.

The paper discusses the dynamic nature of investment banks, their organizational structure, the types of conflicts they typically face and …


Disney Examined; A Case Study In Corporate Governance And Ceo Succession, Lawrence Lederman Jan 2008

Disney Examined; A Case Study In Corporate Governance And Ceo Succession, Lawrence Lederman

Articles & Chapters

No abstract provided.


It-Apas: Harmonizing Inconsistent Transfer Pricing Rules In Income Tax - Customs - Vat, Richard Thompson Ainsworth Oct 2007

It-Apas: Harmonizing Inconsistent Transfer Pricing Rules In Income Tax - Customs - Vat, Richard Thompson Ainsworth

Faculty Scholarship

In most jurisdictions there are three separate spheres of transfer pricing analysis - income tax, customs and VAT. Although they share policy objectives, terminology and frequently borrowing methodologies from one another these domestic transfer pricing systems are not in harmony.

Businesses find this lack of harmony costly, problematical, but also a planning opportunity. The door is open for arbitrage.

What if the transfer pricing rules within a jurisdiction were harmonized? The World Customs Organization (WCO) and the Organization of Economic Cooperation and Development (OECD) are considering this question.

This paper synthesizes the range of transfer pricing regimes currently in use, …


Car Flipping In The U.K.: The Vat Fraud Marketplace And Certified Solutions, Richard Thompson Ainsworth Sep 2007

Car Flipping In The U.K.: The Vat Fraud Marketplace And Certified Solutions, Richard Thompson Ainsworth

Faculty Scholarship

Missing Trader Intra-Community (MTIC) fraud and its offspring carousel fraud and contra trading fraud are siphoning huge amounts of VAT revenue from the UK Treasury. This fraud is not a function of the goods involved. It is a function of the market-place. Recently another type of market-place dependent VAT fraud has taken hold in the UK - car-flipping.

In some instances the market-place where these frauds festers is a pre-existing or natural market-place, one that grows out of legitimate commercial practices. Fraudsters enter this market-place (so the argument goes) and take advantage of legitimate businesses who unwittingly get caught up …


Regulating Multinational Corporations: Towards Principles Of Cross-Border Legal Frameworks In A Globalized World Balancing Rights With Responsibilities, Joseph E. Stiglitz Jan 2007

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.


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 Jan 2007

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.


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.


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.


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.


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.


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.