Banking and Finance Law Commons^™

The Volcker Rule: Clarifying The Anti-Evasion Provision To Facilitate Compliance, Vinita Tandon

North Carolina Banking Institute

No abstract provided.

The So-Called Democratization Of Capital Markets: Why Title Iii Of The Jobs Act Fails To Fulfill The Promise Of Crowdfunding, Max E. Isaacson

North Carolina Banking Institute

No abstract provided.

Misconduct Risk, Christina Parajon Skinner

Fordham Law Review

Financial misconduct and systemic risk are two critical issues in financial regulation today. However, for the past several years, financial misconduct and systemic risk have received markedly different treatment. After the global financial crisis, regulators responded to the traditional quantitative risks that banks pose—those found on their balance sheets and in their business models—with sweeping reforms on an internationally coordinated scale. Meanwhile, with respect to misconduct, regulators have reacted with a traditional enforcement approach—imposing fines and, in some cases, prosecuting individual malefactors. Yet misconduct is not only an isolated or idiosyncratic risk that can be spot treated with enforcement: misconduct …

One Time To Sue: The Case For A Uniform Statute Of Limitations For Consumers To Sue Under The Fair Debt Collection Practices Act, Brianna Gallo

Fordham Law Review

In 1977, Congress enacted the Fair Debt Collection Practices Act (FDCPA) in an effort to provide injured consumers with uniform protection against the systematically abusive practices of the debt collection industry. The FDCPA created a private right of action for victims to sue; however, an individual who wishes to bring a private suit under the FDCPA must do so “within one year from the date on which the violation occurs.” The effectiveness of this private right of action has been unsettled due to the circuit split over the meaning of this provision. For many FDCPA violations, the debt collector might …

The Federal Housing Administration (Fha) And Private Mortgage Insurance (Pmi): A Bibliography, David J. Reiss

Cornell Law Faculty Working Papers

This is an unannotated bibliography of writings through 2015 primarily about the Federal Housing Administration (FHA), but it also includes materials regarding the private mortgage insurance (PMI) industry. While it is comprehensive, it is not exhaustive, with a focus on work published by government agencies, economists, legal and policy scholars, private sector analysts and think tanks. The bibliography also includes other materials about the housing finance market in the early and mid-20th Century. These broader materials provide some context for the operations of the FHA and PMI.

This bibliography will be posted on Wikipedia so that others can make additions …

Unclaimed Money In Saudi Banks, Abdulrahman Almasnad

Maurer Theses and Dissertations

A law shall not violate its sources, especially if the sources are not subject to being overruled or ignored. However, one of the essential Islamic objectives is preserving the wealth “property.” This preservation requires protecting wealth from being acquired in illegitimate way, which will prevent the owners from controlling and enjoying their wealth. Islam protects true owners themselves from getting harmed or facing suffering caused by engaging in a transaction that involved their property. In making the law, Islamic scholars contend that any deliberate act that creates harm or makes someone suffer is “strictly prohibited” and must be rebuked. This …

Foreword, Eric S. Anderson, Lissa L. Broome

North Carolina Banking Institute

No abstract provided.

The Future Of Community Banking, Anthony Gaeta Jr.

North Carolina Banking Institute

No abstract provided.

The Dodd-Frank Act Is Working And Will Protect The American People If It Is Not Killed Before Fully Implemented, Dennis M. Kelleher, Stephen W. Hall, Frank Medina

North Carolina Banking Institute

No abstract provided.

Table Of Contents, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

Cybersecurity For Financial Institutions: The Integral Role Of Information Sharing In Cyber Attack Mitigation, Ariana L. Johnson

North Carolina Banking Institute

No abstract provided.

The Banking Shuffle: Barring The Reordering Of Consumer Transactions And Other Recommendations, Tanisha M. Edwards

North Carolina Banking Institute

No abstract provided.

Fdic V. Rippy: Due Care And The Business Judgment Rule In The Fourth Circuit And The Potential Implications For The Banking Industry, Cory A. Mckenna

North Carolina Banking Institute

No abstract provided.

Judge, Jury, And Executioner: Sec Administrative Law Judges Post-Dodd Frank, Giles D. Beal Iv

North Carolina Banking Institute

No abstract provided.

Protecting Reasonable Expectations: Mapping The Trajectory Of The Law, Edward J. Waitzer, Douglas Sarro

Articles & Book Chapters

The doctrine of reasonable expectations has evolved into a powerful tool for judicial and regulatory activism and, as a result, a bellwether for the trajectory of the law. The concept has broadened — both in scope and in the range of potential claimants. Yet it has been used to achieve goals that are remarkably consistent across different areas of law: first, to require powerful actors to treat stakeholders fairly, which entails treating them with honesty and avoiding actions that would impose unnecessary or disproportionate costs on them; second, to uphold the integrity of legal or regulatory regimes by remedying actions …

Systemically Significant Prices, Robert C. Hockett, Saule T. Omarova

Cornell Law Faculty Publications

Some prices and indices in national or transnational markets take on particular market-wide importance, either because (a) they are associated with ubiquitous inputs to production, (b) they are associated with highly popular asset classes, (c) they tend by convention to be used as benchmarks in determining other prices, or (d) some combination of the above. Examples include prevailing wage and salary rates, certain energy and commodity prices, and such indices and borrowing rates as the Standard & Poor’s 500, the Federal Funds Rate, and the Libor and Euribor interbank lending rate benchmarks.

We call such prices and indices 'systemically important' …

Underbanked: Cooperative Banking As A Potential Solution To The Marijuana-Banking Problem, Patrick A. Tighe

Michigan Law Review

Numerous states have recently legalized recreational marijuana, which has created a burgeoning marijuana industry needing and demanding access to a variety of banking and financial services. Due, however, to the interplay between the federal criminalization of marijuana and federal anti-money laundering laws, U.S. financial institutions cannot handle legally the proceeds from marijuana activity. As a result, most financial institutions are unwilling to flout federal anti-money laundering laws, and so too few marijuana-related businesses can access banking services. This Note argues that the most viable policy option for resolving this “underbanking” problem is a financial cooperative approach such as a cannabis-only …

A Bellwether To Korea's New Frontier In Investor-State Dispute Settlement?: The Moscow Convention And Lee Jong Baek V. Kyrgyz Republic, Joongi Kim

Pepperdine Dispute Resolution Law Journal

This article will first seek to provide an overview of the state of play of Korea’s ISDS regime. It will discuss the historic nature of the recent cases that have contributed to a critical mass of ISDS actions involving the Korean state as the respondent and Korean investors as claimants. The article will then provide analysis of the Moscow Convention with particular focus concerning its special provisions. After examining the Lee Jong Baek Award, it then explores the potential ramification of the recent cases to Korea’s ISDS policy. It suggests that these cases may represent a tipping point in Korea-related …

Citizens Versus Bondholders, Richard C. Schragger

Fordham Urban Law Journal

No abstract provided.

Bondholders And Financially Stressed Municipalities, Clayton P. Gillette

Fordham Urban Law Journal

No abstract provided.