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Articles 361 - 390 of 437

Full-Text Articles in Secured Transactions

The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy Jan 2006

The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy

UIC Law Review

No abstract provided.


Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz Jan 2006

Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz

UIC Law Review

No abstract provided.


Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


What Makes Asset Securitization "Inefficient"?, Kenji Yamazaki May 2005

What Makes Asset Securitization "Inefficient"?, Kenji Yamazaki

ExpressO

Despite the damage caused by the recent Enron scandal , the asset securitization market has been vibrant and has become a popular financing alternative . A number of academics emphasize its merits and suggest that it is a more favorable way of financing, and Congress’s proposal to make sales of asset in securitization immune from characterization as secured transactions under the Bankruptcy Reform Act of 2001 (the “Reform Act”) almost materialized when the Enron scandal hit the scene. Conversely, there have been accusations that securitization is not a legitimate way of financing because, for example, it fosters fraudulent transactions.

Why …


Nasd Regulation Of Ipo Conflicts Of Interest - Does Gatekeeping Work?, Royce De R. Barondes Apr 2005

Nasd Regulation Of Ipo Conflicts Of Interest - Does Gatekeeping Work?, Royce De R. Barondes

Faculty Publications

This Article contributes to the debate on the efficacy of third party gatekeeping in regulating the capital markets, by presenting empirical evidence of the efficacy of one kind of gatekeeper, a qualified independent underwriter (QIU). Under NASD rules, when an investment bank participating in a securities offering has one of several enumerated conflicts of interest, the securities cannot be sold at a price higher than that recommended by a QIU. Examining 1,188 IPOs from 1997 through 2000 discloses a negative, statistically significant relationship between IPO initial returns and each of (i) the fact that participating NASD members (or their affiliates) …


Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility: What Regulation By The Securities And Exchange Commission Is Appropriate?, Roberta S. Karmel Mar 2005

Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility: What Regulation By The Securities And Exchange Commission Is Appropriate?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Correcting The Empirical Foundations Of Ipo-Pricing Regulation, Royce De R. Barondes Jan 2005

Correcting The Empirical Foundations Of Ipo-Pricing Regulation, Royce De R. Barondes

Faculty Publications

Recent events are replete with stories of fraudulent or opportunistic behavior in the initial public offering (IPO) process - behavior that extended to the highest-reputation investment banks. Curiously, notwithstanding this evidence, recent financial economics literature asserts investment bank conflicts of interest certify IPO issuers. This Article develops new empirical evidence that casts doubt on this certification hypothesis by examining the pre-IPO price adjustment of IPOs involving qualified independent underwriters (QIUs), particularly IPOs in which more than ten percent of the net proceeds are being directed to participating investment banks (e.g., to repay a prior extension of credit). These offerings have …


Bankruptcy Law And Inefficient Entitlements, Irit Haviv-Segal Oct 2004

Bankruptcy Law And Inefficient Entitlements, Irit Haviv-Segal

ExpressO

The question as to the justification of bankruptcy law remains unanswered. The literature tends to emphasize the conflict and inability to compromise between the different normative outlooks of the insolvency law system. A deeper reflection on the existing theories of bankruptcy law reveals, however, that all theories share the same starting point: All theories share the understanding that efficiency considerations justify the enforcement of contractual bankruptcy arrangements. When the social theories call for increased levels of coercion and redistribution, these theories rely on normative considerations of distributive justice and rehabilitation values. They by no means rely on efficiency grounds. This …


Chuck And Steve's Peccadillo, James J. White Apr 2004

Chuck And Steve's Peccadillo, James J. White

Cardozo Law Review

No abstract provided.


Secured Lending And Its Uncertain Future, Douglas G. Baird Apr 2004

Secured Lending And Its Uncertain Future, Douglas G. Baird

Cardozo Law Review

No abstract provided.


The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr. Apr 2004

The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr.

Cardozo Law Review

No abstract provided.


203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis Jan 2004

203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis

UIC Law Review

No abstract provided.


Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz Jan 2004

Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz

UIC Law Review

No abstract provided.


Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray Jan 2004

Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray

UIC Law Review

No abstract provided.


Impossible, Impracticable, Or Just Expensive? Allocation Of Expense Of Ancillary Risk In The Cmbs Market, 36 J. Marshall L. Rev. 653 (2003), Georgette Chapman Poindexter Jan 2003

Impossible, Impracticable, Or Just Expensive? Allocation Of Expense Of Ancillary Risk In The Cmbs Market, 36 J. Marshall L. Rev. 653 (2003), Georgette Chapman Poindexter

UIC Law Review

No abstract provided.


22nd Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Apr 2002

22nd Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 22nd Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2002.


Reorganizations And Stochastic Collateral Value, Royce De R. Barondes Apr 2002

Reorganizations And Stochastic Collateral Value, Royce De R. Barondes

Faculty Publications

Bebchuk and Fried propose using a series of auctions to implement a market-based methodology for valuing secured claims in a reorganization. This Article demonstrates their procedure can result in a secured creditor receiving more than its ex ante bargain, and that the probability distribution of possible collateral values can be relevant to fulfilling the ex ante bargain. This Article further develops and examines a refinement of the Bebchuk and Fried procedure that provides an approximate solution to the overcompensation of secured creditors. This refinement reconceptualizes collateral as comprising two components: (i) a call option on that property, exercisable at the …


The Past And Future Of Implied Causes Of Action Under The Investment Company Act Of 1940, Arthur S. Gabinet, George M. Gowen Iii Jan 2002

The Past And Future Of Implied Causes Of Action Under The Investment Company Act Of 1940, Arthur S. Gabinet, George M. Gowen Iii

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.


Money Laundering Requirements For Broker-Dealers And Hedge Funds Under The Usa Patriot Act Of 2001, Marc C. Cozzolino Jan 2002

Money Laundering Requirements For Broker-Dealers And Hedge Funds Under The Usa Patriot Act Of 2001, Marc C. Cozzolino

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.


Introduction To The Symposium On Religion And Investing, Mark A. Sargent Jan 2002

Introduction To The Symposium On Religion And Investing, Mark A. Sargent

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.


The Bishops And The Corporate Stakeholder Debate, Stephen M. Bainbridge Jan 2002

The Bishops And The Corporate Stakeholder Debate, Stephen M. Bainbridge

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.


Business And The Common Good In The Catholic Social Tradition, Robert G. Kennedy Jan 2002

Business And The Common Good In The Catholic Social Tradition, Robert G. Kennedy

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.


Comments On Bainbridge And Kennedy, Margaret Blair Jan 2002

Comments On Bainbridge And Kennedy, Margaret Blair

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.


Investing In Morality, Samuel Gregg Jan 2002

Investing In Morality, Samuel Gregg

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.


Non-Compete Obligations Of Departing Star Partners And The Right Of Clients To Their Continued Services, Tamar Frankel Jan 2001

Non-Compete Obligations Of Departing Star Partners And The Right Of Clients To Their Continued Services, Tamar Frankel

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.


Investment Company Act Of 1940: Why The Time Has Come To Revive Section 3(B)(1), Brian J. Lane, Gillian Mcphee Jan 2001

Investment Company Act Of 1940: Why The Time Has Come To Revive Section 3(B)(1), Brian J. Lane, Gillian Mcphee

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.


Mutual Fund Boards And Shareholder Action, David J. Carter Jan 2001

Mutual Fund Boards And Shareholder Action, David J. Carter

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.


Infrastructure For Commerce, Michael B. Likosky Jan 2001

Infrastructure For Commerce, Michael B. Likosky

Northwestern Journal of International Law & Business

While the government presents the MSC as the embodiment of the future, structurally it bears remarkable resemblance to the colonial legal orders. The enclave nature of the MSC is reminiscent of the colonial dual legal orders. At the same time, the international legal and economic orders have undergone profound changes. The international legal order is now premised on sovereign absolutism and equality among nation-states. The reigning economic paradigm is high technology rather than manufacturing or the spice trade. Discussion of the continuities and discontinuities between colonial and present day transnational legal orders must thus attend to a number of variables. …


What Role Is There For Independent Directors Of Mutual Funds, Kenneth E. Scott Jan 2000

What Role Is There For Independent Directors Of Mutual Funds, Kenneth E. Scott

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.