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Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon 2014 Seattle University School of Law

Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon

Seattle University Law Review

Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It …


Is The Independent Director Model Broken?, Roberta S. Karmel 2014 Seattle University School of Law

Is The Independent Director Model Broken?, Roberta S. Karmel

Seattle University Law Review

At common law, an interested director was barred from participating in corporate decisions in which he had an interest, and therefore “dis-interested” directors became desirable. This concept of the disinterested director developed into the model of an “independent director” and was advocated by the Securities and Exchange Commission and court decisions as a general ideal in a variety of situations. This Article explores doubts regarding the model of an “independent director” and suggests that director expertise may be more important that director independence. The Article then discusses shareholder primacy and sets forth alternatives to the shareholder primacy theory of the …


Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon 2014 Seattle University School of Law

Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon

Seattle University Law Review

The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote greater …


Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien 2014 Seattle University School of Law

Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien

Seattle University Law Review

The global investigations into the manipulation of the London Interbank Offered Rate (Libor) have raised significant questions about how conflicts of interest are managed for regulated entities contributing to benchmarks. An alternative framework, which brings the management of the rate process under direct regulatory supervision, is under consideration, coordinated by the International Organization of Securities Commissions taskforce. The articulation of global principles builds on a review commissioned by the British government that suggests rates calculated by submission can be reformed. This paper argues that this approach is predestined to fail, precisely because it ignores the lessons of history. In revisiting …


Australia’S Experience With Foreign Direct Investment By State Controlled Entities: A Move Towards Xenophobia Or Greater Openness?, Greg Golding 2014 Seattle University School of Law

Australia’S Experience With Foreign Direct Investment By State Controlled Entities: A Move Towards Xenophobia Or Greater Openness?, Greg Golding

Seattle University Law Review

Over the last few years, there has been considerable debate in Australia as to the appropriate regulation of foreign direct investment by entities affiliated with foreign governments. During that time, Australia has been a significant beneficiary of investment by sovereign wealth funds from many foreign jurisdictions, particularly by Chinese state owned enterprises. The Australian government, similar to governments of many developed Western countries, has struggled to properly calibrate its policy settings for regulating this type of investment activity. This Article considers the Australian regulatory regime and assesses Australia’s experience in regulating those investment flows during this period.


Money Spending Or Money Laundering: The Fine Line Between Legal And Illegal Financial Transactions, Matthew R. Auten 2014 Pace University School of Law

Money Spending Or Money Laundering: The Fine Line Between Legal And Illegal Financial Transactions, Matthew R. Auten

Pace Law Review

In this Article, I will examine the history of legislative efforts to combat money laundering in the United States, including the intent and purpose of the Money Laundering Control Act 1986.13 I will then analyze how courts have addressed the challenge of characterizing dual-purpose transactions by developing factors whose presence may show that a transaction was entered into with an intent to conceal. In addition to providing an analysis of several cases where courts grappled with the challenges of characterizing dual-purpose transactions, I will also examine the development of a “heightened” evidentiary standard that is often applied to scrutinize whether …


The Alternative Investment Fund Managers Directive: The European Union Gives Private Equity Fund Managers The Social Market Economy Treatment, Tom C. Hodge 2014 University of North Carolina School of Law

The Alternative Investment Fund Managers Directive: The European Union Gives Private Equity Fund Managers The Social Market Economy Treatment, Tom C. Hodge

North Carolina Banking Institute

No abstract provided.


The Student Debt Crisis: A Synthesized Solution For The Next Potential Bubble, Jessica L. Gregory 2014 University of North Carolina School of Law

The Student Debt Crisis: A Synthesized Solution For The Next Potential Bubble, Jessica L. Gregory

North Carolina Banking Institute

No abstract provided.


Banking On Bitcoin: Applying Anti-Money Laundering And Money Transmitter Laws, Kelsey L. Penrose 2014 University of North Carolina School of Law

Banking On Bitcoin: Applying Anti-Money Laundering And Money Transmitter Laws, Kelsey L. Penrose

North Carolina Banking Institute

No abstract provided.


The Consequences Of Expiring Commercial Shared-Loss Agreements, Robert C. Martin 2014 University of North Carolina School of Law

The Consequences Of Expiring Commercial Shared-Loss Agreements, Robert C. Martin

North Carolina Banking Institute

No abstract provided.


Easing The Burden On Mobile Payments: Resolving Current Deficiencies In Money Transmitter Regulation, M. MacRae Robinson 2014 University of North Carolina School of Law

Easing The Burden On Mobile Payments: Resolving Current Deficiencies In Money Transmitter Regulation, M. Macrae Robinson

North Carolina Banking Institute

No abstract provided.


A Spotlight On Shadow Banking: The Cfpb Finalizes Procedures To Supervise Risky Nonbanks, Dylan J. Castellino 2014 University of North Carolina School of Law

A Spotlight On Shadow Banking: The Cfpb Finalizes Procedures To Supervise Risky Nonbanks, Dylan J. Castellino

North Carolina Banking Institute

No abstract provided.


Deferred Prosecution Agreements: Too Big To Jail And The Potential Of Judicial Oversight Combined With Congressional Legislation, Ellis W. Martin 2014 University of North Carolina School of Law

Deferred Prosecution Agreements: Too Big To Jail And The Potential Of Judicial Oversight Combined With Congressional Legislation, Ellis W. Martin

North Carolina Banking Institute

No abstract provided.


The Scored Society: Due Process For Automated Predictions, Danielle Keats Citron, Frank Pasquale 2014 University of Washington School of Law

The Scored Society: Due Process For Automated Predictions, Danielle Keats Citron, Frank Pasquale

Washington Law Review

Big Data is increasingly mined to rank and rate individuals. Predictive algorithms assess whether we are good credit risks, desirable employees, reliable tenants, valuable customers—or deadbeats, shirkers, menaces, and “wastes of time.” Crucial opportunities are on the line, including the ability to obtain loans, work, housing, and insurance. Though automated scoring is pervasive and consequential, it is also opaque and lacking oversight. In one area where regulation does prevail—credit—the law focuses on credit history, not the derivation of scores from data. Procedural regularity is essential for those stigmatized by “artificially intelligent” scoring systems. The American due process tradition should inform …


An Overview Of The Fannie And Freddie Conservatorship Litigation, David J. Reiss 2014 Brooklyn Law School

An Overview Of The Fannie And Freddie Conservatorship Litigation, David J. Reiss

Faculty Scholarship

No abstract provided.


Effective Compliance Risk Management In A Rapidly Changing Regulatory Environment: A Conversation From The Clearinghouse Annual Conference, Lissa L. Broome, Richard Neiman, Sally Belshaw, Tim Clark 2014 University of North Carolina School of Law

Effective Compliance Risk Management In A Rapidly Changing Regulatory Environment: A Conversation From The Clearinghouse Annual Conference, Lissa L. Broome, Richard Neiman, Sally Belshaw, Tim Clark

North Carolina Banking Institute

No abstract provided.


Regulatory Arbitrage, Extraterritorial Jurisdiction, And Dodd-Frank: The Implications Of Us Global Otc Derivative Regulation, Christian Johnson 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Regulatory Arbitrage, Extraterritorial Jurisdiction, And Dodd-Frank: The Implications Of Us Global Otc Derivative Regulation, Christian Johnson

Nevada Law Journal

No abstract provided.


Falling On Deaf Ears: The Fsoc's Evidentiary Hearings Provides Little Opportunity To Challenge A Nonbank Sifi Designation, William M. Butler 2014 University of North Carolina School of Law

Falling On Deaf Ears: The Fsoc's Evidentiary Hearings Provides Little Opportunity To Challenge A Nonbank Sifi Designation, William M. Butler

North Carolina Banking Institute

No abstract provided.


The Exception That Ate The Rule: Why Qrm Should Not Equal Qm, Jeffrey R. Favitta 2014 University of North Carolina School of Law

The Exception That Ate The Rule: Why Qrm Should Not Equal Qm, Jeffrey R. Favitta

North Carolina Banking Institute

No abstract provided.


Proffering The Right Evidence: Proving Loss Causation And Damages Under Sec Rule 10b-5, S. Austin King 2014 University of North Carolina School of Law

Proffering The Right Evidence: Proving Loss Causation And Damages Under Sec Rule 10b-5, S. Austin King

North Carolina Banking Institute

No abstract provided.


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