Ensuring That Homeownership Is Sustainable,
2016
Cornell Law School
Ensuring That Homeownership Is Sustainable, David Reiss
Cornell Law Faculty Publications
This short article argues that the Federal Housing Administration has suffered as a result of many of the same unrealistic underwriting assumptions that led to problems for many lenders during the 2000s. It, too, was harmed by a housing market as bad as any since the Great Depression. As a result, the federal government announced in 2013 that the FHA would require the first bailout in the agency’s history. While facing financial challenges, the FHA has also come under attack for the poor execution of policies designed to expand homeownership opportunities.
Leading commentators have called for the federal government to …
From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market,
2016
Notre Dame Law School
From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market, Dov Solomon
Journal of Legislation
People tend to attribute the outbreak of the 2008 financial crisis to deregulation. This article challenges this view and presents a unique perspective of the crisis as in fact rooted in the way the residential mortgage market is regulated. Focusing on non-recourse mortgage legislation, which is a unique feature of the US mortgage market dating back to the period following the Great Depression, the article analyzes the contribution of this legislation to the onset of the Great Recession. The discussion shows how regulation that was enacted in response to a major economic crisis not only failed to prevent a large-scale …
The Insurability Of Claims For Restitution,
2016
Penn State Law
The Insurability Of Claims For Restitution, Christopher French
Faculty Scholarship
Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be allowed to benefit …
“Settling The Question: Did Bank Settlement Agreements Subvert Congressional Appropriations Powers?” : Hearing Before The United States House Of Representatives Committee On Financial Services Subcommittee On Oversight And Investigations, 114th Congress,
2016
Georgetown University Law Center
“Settling The Question: Did Bank Settlement Agreements Subvert Congressional Appropriations Powers?” : Hearing Before The United States House Of Representatives Committee On Financial Services Subcommittee On Oversight And Investigations, 114th Congress, Nicholas Quinn Rosenkranz
Georgetown Law Faculty Publications and Other Works
The Constitution provides: ―No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law . . . ." This is not a mere technical provision but rather a fundamental element of constitutional structure.
It sounds, first, in democracy, reflecting the deep constitutional principle that the power of the purse should be vested in the most representative branch. Every dollar appropriated from the Treasury may represent a dollar of taxes, and so this principle applies to both taxing and spending.
Defend And Protect: National Security Restrictions On Foreign Investments In The United States,
2016
Cornell Law School
Defend And Protect: National Security Restrictions On Foreign Investments In The United States, Matthew Aglialoro
University of Cincinnati Law Review
No abstract provided.
Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure,
2016
Southern University Law Center
Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet
University of Cincinnati Law Review
No abstract provided.
Operational Autonomy And Public Accountability In Statutory Corporations: A Case Study Of Ghana’S Development Experience And A Blueprint For Reform,
2016
University of Zambia
Operational Autonomy And Public Accountability In Statutory Corporations: A Case Study Of Ghana’S Development Experience And A Blueprint For Reform, E. A. Botchwey
Georgia Journal of International & Comparative Law
No abstract provided.
Front Matter,
2016
University of Michigan Law School
Sloppy, Sloppy, Sloppy: The State Of The Mortgage Market,
2016
Cornell Law School
Sloppy, Sloppy, Sloppy: The State Of The Mortgage Market, David Reiss
Cornell Law Faculty Publications
Much of the discussion about the recent California Supreme Court case Yvanova v New Century Mortgage Corp. (2016) 62 C4th 919 has focused on the scope of the Court’s narrow holding, “a borrower who has suffered a nonjudicial foreclosure [in California] does not lack standing to sue for wrongful foreclosure based on an allegedly void assignment merely because he or she was in default on the loan and was not a party to the challenged assignment.” 62 C4th at 924.This is an important question, no doubt, but I want to spend a little time contemplating the types of sloppy behavior …
The Balanced Scorecard Framework For Financial Advisers: A Pandora's Box,
2016
Singapore Management University
The Balanced Scorecard Framework For Financial Advisers: A Pandora's Box, Kee Yang Low
Research Collection Yong Pung How School Of Law
The much-anticipated Balanced Scorecard Framework for determining the remuneration of representatives and supervisors in the financial advisory industry came into force on 1 January 2016. The framework is a major development and is likely to transform the industry. This article seeks to explain the framework and its challenges.
Judicial Review On Administrative Action: Reflection On The Bank Century Bailout Policy,
2016
Faculty of Law, Universitas Indonesia, Indonesia
Judicial Review On Administrative Action: Reflection On The Bank Century Bailout Policy, Lily Evelina Sitorus
Indonesia Law Review
Accountability is the key to good governance. In global administrative law, every policy made should be accountable. The given law should be accessible to the public. At the time of the global financial crisis, many countries did not have the necessary rules to solve the problems that arose. In Indonesia, the government’s decision to bail out Bank Century has remained controversial up to the present time. The need for a comprehensive law dealing with economic, political and social factors should be considered. The Indonesian Law regarding Government Administration provides for the code of conduct for government action. An entire chapter …
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes,
2016
Columbia University
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber
Georgia Journal of International & Comparative Law
No abstract provided.
Prostitution Policy: Legalization, Decriminalization And The Nordic Model,
2016
Seattle University School of Law
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
Don’T Risk It; Wait Until She’S Sober,
2016
Seattle University School of Law
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Seattle Journal for Social Justice
No abstract provided.
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State,
2016
Seattle University School of Law
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
Living Under The Boot: Militarization And Peaceful Protest,
2016
Seattle University School of Law
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Seattle Journal for Social Justice
No abstract provided.
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate,
2016
Seattle University School of Law
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Seattle Journal for Social Justice
No abstract provided.
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement,
2016
Seattle University School of Law
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
Seattle Journal for Social Justice
No abstract provided.
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors,
2016
Seattle University School of Law
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
Seattle Journal for Social Justice
No abstract provided.
Credit Is A Double Edge Sword,
2016
University of Georgia School of Law
Credit Is A Double Edge Sword, Mehrsa Baradaran
Popular Media
This commentary, which appeared in the Atlantic on April 26, 2016 discusses the Marquette decision by the Supreme Court and how it de-stigmatized the practice of usury.
