Time Bandits: The Seventh Circuit Gets It Wrong By Allowing Debt Purchasers To Escape Fdcpa Liability For Filing Time-Barred Proofs Of Claim In Chapter 13 Bankruptcies,
2018
IIT Chicago-Kent College of Law
Time Bandits: The Seventh Circuit Gets It Wrong By Allowing Debt Purchasers To Escape Fdcpa Liability For Filing Time-Barred Proofs Of Claim In Chapter 13 Bankruptcies, Jeffrey Michalik
Chicago-Kent Law Review
Debt purchasers can use debtors’ bankruptcies to profit from stale, otherwise unenforceable debt. Although state statutes of limitations bar legal enforcement of this debt, predictable breakdowns of the bankruptcy process mean that the debtor might be forced to pay anyway. Courts have determined that this scheme does not violate the Fair Debt Collection Practices Act, allowing debt purchasers to continue this scheme without repercussion.
Conference Program,
2018
Maurice A. Deane School of Law at Hofstra University
Conference Program
Journal of International Business and Law Symposia
No abstract provided.
Rise Of The Machines: The Legal Implications For Investor Protection With The Rise Of Robo-Advisors,
2018
DePaul University College of Law
Rise Of The Machines: The Legal Implications For Investor Protection With The Rise Of Robo-Advisors, Bret E. Strzelczyk
DePaul Business & Commercial Law Journal
This note examines the complex state of financial innovation and preexisting investor protection regimes, mainly the Investment Advisers Act of 1940, which do not properly address the question of whether a robo-advisor platform serving as registered investment advisers satisfies the fiduciary standard elements laid out in the Act. This article examines the current regulation from the Department of Labor, the Financial Industry Regulatory Authority, and the Securities and Exchange Commission and addresses the inadequacies in each regulatory entity’s policy prescription. This article contends that robo-advisors can not act as a fiduciary for several reasons – primarily because these platforms do …
Over- And Under-Funding: Crowdfunding Concerns Of The Parties Involved,
2018
Bradley University
Over- And Under-Funding: Crowdfunding Concerns Of The Parties Involved, Tanya M. Marcum J.D., Eden S. Blair Phd
DePaul Business & Commercial Law Journal
Financial collaboration for new business ventures or the expansion of existing businesses utilizing the internet and social media is expanding. One area of growth is in the area of crowdfunding. Crowdfunding or crowdsourcing is known as collaborative funding using the internet to attract many investors to a new business venture.
In Memoriam: Alfred Pershing (A.P.) Carlton, Jr.,
2018
University of North Carolina School of Law
In Memoriam: Alfred Pershing (A.P.) Carlton, Jr., North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
The Case For A Federal Regulatory Sandbox For Fintech Companies,
2018
University of North Carolina School of Law
The Case For A Federal Regulatory Sandbox For Fintech Companies, Luke G. Thomas
North Carolina Banking Institute
No abstract provided.
Regulating Complacency: Human Limitations And Legal Efficacy,
2018
Duke University School of Law
Regulating Complacency: Human Limitations And Legal Efficacy, Steven L. Schwarcz
Notre Dame Law Review
This Article examines how insights into limited human rationality can improve financial regulation. The Article identifies four categories of limitations—herd behavior, cognitive biases, overreliance on heuristics, and a proclivity to panic—that undermine the perfect-market regulatory assumptions that parties have full information and will act in their rational self-interest. The Article then analyzes how insights into these limitations can be used to correct resulting market failures. Requiring more robust disclosure and due diligence, for example, can help to reduce reliance on misleading information cascades that motivate herd behavior. Debiasing through law, such as requiring more specific, poignant, and concrete disclosure of …
Counselor At Law And Post-Legal Issues,
2018
University of North Carolina School of Law
Counselor At Law And Post-Legal Issues, David G. Leitch
North Carolina Banking Institute
No abstract provided.
Addressing The Fundamental Banking Policy Problem Of Runs: Effectively Subordinating Large Amounts Of Long-Term Debt To Short-Term Debt To End "Too-Big-To-Fail",
2018
University of North Carolina School of Law
Addressing The Fundamental Banking Policy Problem Of Runs: Effectively Subordinating Large Amounts Of Long-Term Debt To Short-Term Debt To End "Too-Big-To-Fail", John C. Dugan
North Carolina Banking Institute
No abstract provided.
Toward A Coherent And Consistent Framework For Treatment Of Confidential Supervisory Information,
2018
University of North Carolina School of Law
Toward A Coherent And Consistent Framework For Treatment Of Confidential Supervisory Information, Clifford S. Stanford
North Carolina Banking Institute
No abstract provided.
Expression Yourself: An Analysis Of The Interaction Between The Durbin Amendment And New York Surcharge Ban Of The New York General Business Law,
2018
University of North Carolina School of Law
Expression Yourself: An Analysis Of The Interaction Between The Durbin Amendment And New York Surcharge Ban Of The New York General Business Law, Peter J. Cline
North Carolina Banking Institute
No abstract provided.
Hedging With "Financial Weapons Of Mass Destruction": Cleaning Up The Fallout Of Treating All Derivative Transactions Between Bank Affiliates The Same,
2018
University of North Carolina School of Law
Hedging With "Financial Weapons Of Mass Destruction": Cleaning Up The Fallout Of Treating All Derivative Transactions Between Bank Affiliates The Same, Patrick D. Morris
North Carolina Banking Institute
No abstract provided.
Contents,
2018
University of North Carolina School of Law
Contents, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
A Snake Eating Its Own Tail: The Self-Defeating Nature Of An Overly Broad Implementation Of Section 1071,
2018
University of North Carolina School of Law
A Snake Eating Its Own Tail: The Self-Defeating Nature Of An Overly Broad Implementation Of Section 1071, Stephen Michael Spivey
North Carolina Banking Institute
No abstract provided.
Is It A Violation Of The Equal Credit Opportunity Act To Require A Spouse To Guarantee A Loan? If Not, It Should Be,
2018
University of North Carolina School of Law
Is It A Violation Of The Equal Credit Opportunity Act To Require A Spouse To Guarantee A Loan? If Not, It Should Be, Katherine S. Clarke
North Carolina Banking Institute
No abstract provided.
Populist Conundrum: Big Banks Or Plaintiffs' Bar? Banks Win As Congress Overrides The Cfpb Rule Banning Class Action Waivers In Arbitration Agreements,
2018
University of North Carolina School of Law
Populist Conundrum: Big Banks Or Plaintiffs' Bar? Banks Win As Congress Overrides The Cfpb Rule Banning Class Action Waivers In Arbitration Agreements, Rebecca D. Floyd
North Carolina Banking Institute
No abstract provided.
Tying Fiduciary Duties To Student Loans: One Small Step Out Of The Massive Debt,
2018
University of North Carolina School of Law
Tying Fiduciary Duties To Student Loans: One Small Step Out Of The Massive Debt, Sean R. Whelehan
North Carolina Banking Institute
No abstract provided.
Kokesh V. Sec: The Demise Of Disgorgement,
2018
University of North Carolina School of Law
Kokesh V. Sec: The Demise Of Disgorgement, Jacqueline K. Chang
North Carolina Banking Institute
No abstract provided.
Grandfathered Into Commerce: Assessing The Federal Reserve's Proposed Rules Limiting Physical Commodities Activities Of Financial Holding Companies,
2018
University of North Carolina School of Law
Grandfathered Into Commerce: Assessing The Federal Reserve's Proposed Rules Limiting Physical Commodities Activities Of Financial Holding Companies, Patrick Conlon
North Carolina Banking Institute
No abstract provided.
Front Matter,
2018
University of North Carolina School of Law
Front Matter, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
