Foreword,
2014
University of North Carolina School of Law
Foreword, Sarah A. Core, Lissa L. Broome
North Carolina Banking Institute
No abstract provided.
The Durbin Amendment's Interchange Fee And Network Non-Exclusivity Provisions: Did The Federal Reserve Board Overstep Its Boundaries,
2014
University of North Carolina School of Law
The Durbin Amendment's Interchange Fee And Network Non-Exclusivity Provisions: Did The Federal Reserve Board Overstep Its Boundaries, Kathleen A. Mcconnell
North Carolina Banking Institute
No abstract provided.
The Cfpb Indirectly Regulated Lending Through Auto Dealers,
2014
University of North Carolina School of Law
The Cfpb Indirectly Regulated Lending Through Auto Dealers, Kim B. Perez
North Carolina Banking Institute
No abstract provided.
Small Business Real Estate Financing: Why Small Businesses And Banks Should Utilize Sba 504 Loans,
2014
University of North Carolina School of Law
Small Business Real Estate Financing: Why Small Businesses And Banks Should Utilize Sba 504 Loans, Graham S. Miller
North Carolina Banking Institute
No abstract provided.
Missed (Inter)Connections: Proposed Revisions To The Federal Reserve's Approach To Financial Stability Analysis Under The Bank Holding Company Act,
2014
University of North Carolina School of Law
Missed (Inter)Connections: Proposed Revisions To The Federal Reserve's Approach To Financial Stability Analysis Under The Bank Holding Company Act, Christopher S. Dwight
North Carolina Banking Institute
No abstract provided.
Friend This: Why Those Damaged During The Facebook Ipo Will Recover (Almost) Nothing From Nasdaq,
2014
Washington and Lee University School of Law
Friend This: Why Those Damaged During The Facebook Ipo Will Recover (Almost) Nothing From Nasdaq, Thomas L. Short
Washington and Lee Law Review
No abstract provided.
Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott
Nevada Law Journal
No abstract provided.
Litigation Investment And Legal Ethics: What Are The Real Issues?,
2014
Benjamin N. Cardozo School of Law
Litigation Investment And Legal Ethics: What Are The Real Issues?, Anthony J. Sebok
Articles
One of the foundational principles of legal ethics is that the lawyer owes an obligation of undivided loyalty to the client, and no other interests or relationships can be permitted to interfere with the lawyer's exercise of independent professional judgment on behalf of the client. The strongest objections to litigation investment by third parties is that it may compromise a lawyer's independence. This article examines this objection in the context of a recent report from the Ethics Committee of the Commercial and Federal Litigation Section of the New York State Bar Association and argues that it misses the real legal …
Paying For Risk: Bankers, Compensation, And Competition,
2014
University of Arizona
Paying For Risk: Bankers, Compensation, And Competition, Simone M. Sepe, Charles K. Whitehead
Cornell Law Faculty Working Papers
Efforts to control bank risk address the wrong problem in the wrong way. They presume that the financial crisis was caused by CEOs who failed to supervise risk-taking employees. The responses focus on executive pay, believing that executives will bring non-executives into line—using incentives to manage risk-taking—once their own pay is regulated. What they overlook is the effect on non-executive pay of the competition for talent. Even if executive pay is regulated, and executives act in the bank’s best interests, they will still be trapped into providing incentives that encourage risk-taking by non-executives due to the negative externality that arises …
Property And Mortgage Fraud Under The Mandatory Victims Restitution Act: What Is Stolen And When Is It Returned?,
2014
William & Mary Law School
Property And Mortgage Fraud Under The Mandatory Victims Restitution Act: What Is Stolen And When Is It Returned?, Arthur Durst
William & Mary Business Law Review
The United States Circuit Courts of Appeals are split on how to calculate restitution in a criminal loan fraud situation where collateral is involved. This trend is best illustrated in cases involving mortgage fraud. The split stems from disagreement over how to account for the lender’s receipt of collateral property. The Third, Seventh, Eighth, and Tenth Circuit Courts of Appeals consider the property returned when the person defrauded receives cash from the sale of collateral property. The Second, Fifth, and Ninth Circuits deem the property returned when the lender takes ownership of the collateral property. This Note argues that the …
Broker-Dealers, Institutional Investors, And Fiduciary Duty: Much Ado About Nothing?,
2014
William & Mary Law School
Broker-Dealers, Institutional Investors, And Fiduciary Duty: Much Ado About Nothing?, Lynn Bai
William & Mary Business Law Review
Under the mandate of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the SEC is soliciting public opinions on whether broker-dealers should be subject to a fiduciary duty when advising retail and institutional investors. This Article focuses on the advisability of such a proposal for institutional investors. It shows that, first, a fiduciary duty could potentially enhance broker-dealers’ standard of conduct for only a subset of institutional investors who are well capitalized, capable of assessing risks independently, and acknowledge in writing their nonreliance on broker-dealers’ advice. Thus, the benefit of fiduciary duty is much narrower than what …
The Impossible, Highly Desired Islamic Bank,
2014
William & Mary Law School
The Impossible, Highly Desired Islamic Bank, Haider Ala Hamoudi
William & Mary Business Law Review
The purpose of this Article is to explore, and explain the stubborn persistence of, a central paradox that is endemic to the retail Islamic bank as it operates in the United States. The paradox is that retail Islamic banking in the United States is impossible, and yet it remains highly desired. It is impossible because central features of modern banking regulation conflict with fundamental aspects of shari’a as it is understood in modernity in the context of finance. It is unimaginable that regulators will create exceptions to, or somehow significantly amend, the modern financial regulatory system in the radical fashion …
Taking Stock: Insider And Outsider Trading By Congress,
2014
William & Mary Law School
Taking Stock: Insider And Outsider Trading By Congress, Jeanne L. Schroeder
William & Mary Business Law Review
Spring 2012 saw the enactment of the “Stop Trading on Congressional Knowledge Act of 2012” or “STOCK Act.” It supposedly repealed an exemption from the federal securities laws that made insider trading by members of Congress “totally legal.” As every securities lawyer knows, however, there never was such an exemption. Representatives and Senators have always been subject to the same rules as the rest of us. It is just that insider-trading law is so incoherent that legal scholars sharply disagreed as to when, or even if, trading by government officials on the basis of material nonpublic information gleaned from their …
The Post Office Banks On The Poor,
2014
University of Georgia School of Law
The Post Office Banks On The Poor, Mehrsa Baradaran
Popular Media
Approximately 88 million people in the United States, or 28 percent of the population, have no bank account at all, or do have a bank account, but primarily rely on check-cashing storefronts, payday lenders, title lenders, or even pawnshops to meet their financial needs. And these lenders charge much more for their services than traditional banks. The average annual income for an “unbanked” family is $25,500, and about 10 percent of that income, or $2,412, goes to fees and interest for gaining access to credit or other financial services. But a possible solution has appeared, in the unlikely guise of …
Banking And The Social Contract,
2014
University of Georgia Law School
Banking And The Social Contract, Mehrsa Baradaran
Notre Dame Law Review
This Article asserts that there are three major tenets of the social contract: (1) safety and soundness, (2) consumer protection, and (3) access to credit. Regulators can and should require banks to meet standards in these areas to benefit society even if these measures reasonably reduce bank profits. Implicit in the social contract is the idea that each party must give up something in the exchange. This Article provides policymakers not only the appropriate narrative and justifications needed to frame their regulatory philosophy, but it also provides important textual support from the most prominent acts of banking legislation to give …
Deutsche Bank V Chang: A Dramatic Reversal By The Court Of Appeal,
2014
Singapore Management University
Deutsche Bank V Chang: A Dramatic Reversal By The Court Of Appeal, Kee Yang Low
Research Collection Yong Pung How School Of Law
The 2012 High Court decision awarding scientist Chang Tse Wen US$49m for losses from investing in accumulators through Deutsche Bank has been overturned by the Court of Appeal. This article seeks to aid readers in understanding the CA decision and in appreciating the legal implications.
Judicial Inactivitism In Protecting Financial Consumer Against Predatory Sale Of Retail Structured Products: A Reflection From Retail Structured Notes Lawsuits In Taiwan,
2014
Singapore Management University
Judicial Inactivitism In Protecting Financial Consumer Against Predatory Sale Of Retail Structured Products: A Reflection From Retail Structured Notes Lawsuits In Taiwan, Chao-Hung Chen
Research Collection Yong Pung How School Of Law
This article analyzes 310 structured note lawsuits in Taiwan between 2000 and 2013 to examine courts’ attitude in dealing with claims of misselling retail structured notes. We find that courts were generally not favorable to retail investors. This provides a contrast with the financial regulator’s efforts to improve financial consumer protection since 2008. By examining plaintiffs’ key arguments and courts’ rulings, we find that it was difficult for investors to fulfill their burden of proof and courts were reluctant to award remedies when investors did sign on a contractual document confirming his knowledge on a few matters. While regulators are …
Everybody Wins! Elimination Of The Absolute Priority Rule For Individuals Under Bapcpa: A Middle Ground,
2014
Benjamin N. Cardozo School of Law
Everybody Wins! Elimination Of The Absolute Priority Rule For Individuals Under Bapcpa: A Middle Ground, Liliya Gritsenko
Cardozo Law Review
No abstract provided.
Precluding The Treasure Hunt: How The World Bank Group Can Help Investors Circumnavigate Sovereign Immunity Obstacles To Icsid Award Execution,
2014
Pepperdine University
Precluding The Treasure Hunt: How The World Bank Group Can Help Investors Circumnavigate Sovereign Immunity Obstacles To Icsid Award Execution, Joseph M. Cardosi
Pepperdine Law Review
This Comment highlights the frustrating road that investors travel in search of assets when states do not honor arbitration awards and discusses how the World Bank Group can unify investor–state arbitrations to preclude such hollow victories for investors. Part II introduces the contemporary framework of investor–state arbitration, including an overview of the International Centre for Settlement of Investment Disputes (ICSID or the Centre), a summary of the scope of noncompliance with investor–state arbitration awards, and the unique ICSID enforcement mechanism used to address challenges to awards and noncompliance. Part III provides examples of the challenges investors face in award execution …
Libor: Everything You Ever Wanted To Know But Were Afraid To Ask,
2014
Pepperdine University
Libor: Everything You Ever Wanted To Know But Were Afraid To Ask, Michael R. Koblenz, Kenneth M. Labbate, Carrie C. Turner
The Journal of Business, Entrepreneurship & the Law
The goal of this article is to present the reader with a general overview of the LIBOR: its genesis and development, how and why London bankers manipulated the LIBOR, the liability of implicated parties, criminal penalties, the impact of criminal penalties on director and officer insurance carriers, and what the future holds for the LIBOR.
