Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds,
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,
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?,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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.
Falling On Deaf Ears: The Fsoc's Evidentiary Hearings Provides Little Opportunity To Challenge A Nonbank Sifi Designation,
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,
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,
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.
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.
