Banking and Finance Law Commons^™

As Greece Goes, So Goes The E.U.: Defending Europe With A Sovereign Debt Restructuring Framework, Elizabeth H. Dahill

Brigham Young University International Law & Management Review

No abstract provided.

Foreign Direct Investment In Post-War Iraq: An Investor's Introductory Guide To The Legal Framework, Jordan E. Toone

Brigham Young University International Law & Management Review

No abstract provided.

The Regulation Of U.S. Money Market Funds: Lessons From Europe, Latoya Brown

Brigham Young University International Law & Management Review

No abstract provided.

Libor Integrity And Holistic Domestic Enforcement, Milson C. Yu

Cornell Law Library Prize for Exemplary Student Research Papers

Libor rate rigging is a dangerous externality of the increasing interconnectedness of global markets. Its effects have transcended national boundaries and permeated through the domestic socioeconomic stratum. And it is, unfortunately, not a singular threat: Libor and its companion reference rates have revealed the subtle holes in the Commodity Futures Trading Commission’s current enforcement toolbox. This Note encourages clarification of the domestic defenses available to financial regulators to combat the rate rigging of benchmark reference rates in the global financial markets.

Front Matter

Michigan Business & Entrepreneurial Law Review

No abstract provided.

Dirt Lawyers And Dirty Remics, Bradley T. Borden, David J. Reiss

Cornell Law Faculty Publications

It is appropriate that the day-to-day practice of real estate law did not touch on the intricacies of the securitization of mortgages, let alone the tax laws that apply to mortgage-backed securities. Securitization professionals did not, however, account for the day-to-day practices of real estate lawyers as they relate to the transfer and assignment of mortgage notes and mortgages when structuring mortgage-backed securities. The consequences of this may turn out to be severe for investors, underwriters, and securitization professionals.

One of the consequences of the sale of a negotiable note not done in accordance with the requirements of the holder …

On High-Performance Parallel Decimal Fixed-Point Multiplier Designs, Ming Zhu

College of Engineering: Graduate Celebration Programs

Decimal computations are required in finance, and etc.

• Precise representation for decimals (E.g. 0.2, 0.7… )
• Performance Requirements (Software simulations are very slow)

E-Verify Can Stop Refund Fraud, Richard Thompson Ainsworth, Andrew Shact

Faculty Scholarship

Two issues in the current Washington debates need to be linked. E-Verify, the Internet-based database that allows employers to verify an employee’s work eligibility that is at the center of the immigration debate, is the ideal tool for stopping tax refund fraud. All that is needed is a digital signature of the E-Verify result, and the mandatory inscription of this signature on tax documents to make them self-authenticating.

The central features of this proposal have been made before. The technology it requires is tried and proven. The processes and procedure it advocates are in place and effectively deployed in foreign …

Debt, Deflation, And Debacle: Of Private Debt Write-Down And Public Recovery, Richard W. Vague, Robert C. Hockett

Cornell Law Faculty Publications

Most public discussion of the world’s continuing financial and macroeconomic troubles focuses rightly on debt. It focuses wrongly, however, on public debt. The real source of our ills is global-trade-related private debt overhang among millions of households below the top of the wealth distribution in the “developed” world. That is the provenance of both (a) the asset price bubbles and busts in whose aftermath we still struggle, and (b) the fact that we’re still struggling. Public sector debt growth in the developed world since 2009 is merely a symptom – the product of thus far failed treatment – of this …

Business Law Bulletin, Spring 2013

Business Law Bulletin

No abstract provided.

Financial System Engineering, Manuel A. Utset

Scholarly Publications

No abstract provided.

The Emperor’S New Loans: A Cautionary Tale From The Subprime Era, David J. Reiss

Cornell Law Faculty Working Papers

No abstract provided.

A Private Ordering Solution To Blockholder Disclosure, Joshua Mitts

North Carolina Central Law Review

No abstract provided.

Managing Regulatory Arbitrage: An Alternative To Harmonization, Annelise Riles

Cornell Law Faculty Publications

This policy-oriented article argues for deploying conflict of laws doctrines as a tool of coordination in international financial governance.

Never Again,' Again: A Functional Examination Of The Financial Crisis Inquiry Commission, Andrew W. Hartlage

Michigan Law Review

Despite the benefit of five years to heal its wounds, the United States remains hobbled from the devastating economic injuries of the 2007-08 global financial crisis. Families across the country still struggle with overwhelming debt and debilitating joblessness. The financial innovations that were once seen as a path to broader homeownership and greater financial equality nearly led to a once-unthinkable catastrophe, and ironically, have worked to widen the gap between rich and poor. These events took many top business leaders and regulators by surprise. After the crisis abated, legislators and other policymakers sought to understand how a financial crisis of …

Misrepresentation, Fiduciary Duty And Negligence: Investor Scores Rare Win In Deutsche Bank V Chang, Kee Yang Low

Research Collection Yong Pung How School Of Law

Law reports of the last decade are littered with unsuccessful suits by investors against their banks for negligent or unsuitable advice. Rarely do investors succeed. This is despite the wide array of courses of action available, allowing them to sue for breaches by the bank of contractual duty (in particular, through misrepresentation), duty of care, statutory duty and fiduciary duty.

Dismantling Large Bank Holding Companies For Their Own Good And For The Good Of The Country, Tamar Frankel

Faculty Scholarship

This paper suggests that bank holding companies are in fact “financial malls.” I demonstrates the problems that they pose for the financial system, not only by size but by inefficient and inappropriate concentration. The article suggests restructuring of bank holding companies by introducing more market discipline to the various “shops” in the mall as well as concentrating services for the purpose of efficiency. The Article concludes with suggestion that rather than imposing a restructure by law it may perhaps be possible to entice managements that look to the long-term future to follow a restructure voluntarily.

Who Wants To Watch? A Comment On The New International Paradigm Of Financial Consumer Market Regulation, Toni Williams

Seattle University Law Review

This Article explores the capacity of the G20’s model of financial consumer protection to reconfigure relationships between financial firms and consumers, focusing in particular on the market conduct of financial firms. Although this Article does not focus directly on Adolf A. Berle’s work, it does engage with some of his enduring concerns about economic relations between corporations, regulators, and individuals; the socialcontext of those economic relations; and the role of law and legal regulation in shaping market relations. More specifically, this Article considers new international regulatory principles related to corporate social responsibility— a recurring theme of Berle’s work11—in the somewhat …

Dinner Parties During “Lost Decades”: On The Difficulties Of Rethinking Financial Markets, Fostering Elite Consensus, And Renewing Political Economy, David A. Westbrook

Seattle University Law Review

This Article addresses two groups of problems that ought to be understood in relation to one another. This Article has three movements. In Part II, I discuss conceptual obstacles to forming the new elite consensus that rethinking the role of financial markets requires. To produce policy reform, it is not enough to have new ideas; the ideas must be understood, adopted, and acted upon by people. Policy reform is thus always a function of conversations. In Part III, I discuss some possible ways the elite consensus might be formed. In Part V, the conclusion, I offer a preliminary assessment of …

On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet), Lynn A. Stout

Seattle University Law Review

In their 1932 opus "The Modern Corporation and Public Property," Adolf Berle and Gardiner Means famously documented the evolution of a new economic entity—the public corporation. What made the public corporation “public,” of course, was that it had thousands or even hundreds of thousands of shareholders, none of whom owned more than a small fraction of outstanding shares. As a result, the public firm’s shareholders had little individual incentive to pay close attention to what was going on inside the firm, or even to vote. Dispersed shareholders were rationally apathetic. If they voted at all, they usually voted to approve …