Open Access. Powered by Scholars. Published by Universities.®

Banking and Finance Law Commons

Open Access. Powered by Scholars. Published by Universities.®

7,241 Full-Text Articles 5,749 Authors 7,838,365 Downloads 161 Institutions

All Articles in Banking and Finance Law

Faceted Search

7,241 full-text articles. Page 185 of 215.

The Missing Lending Link: Why A Federal Loan Guarantee Program Is Critical To The Continued Growth Of The Solar Power Industry, Daniel K. Tracey 2012 University of North Carolina School of Law

The Missing Lending Link: Why A Federal Loan Guarantee Program Is Critical To The Continued Growth Of The Solar Power Industry, Daniel K. Tracey

North Carolina Banking Institute

No abstract provided.


The Failed Nyse Euronext-Deutsche Borse Group Merger: Foreshadowing Future Consolidation Of The Global Stock Exchange Market, Christina D. Cress 2012 University of North Carolina School of Law

The Failed Nyse Euronext-Deutsche Borse Group Merger: Foreshadowing Future Consolidation Of The Global Stock Exchange Market, Christina D. Cress

North Carolina Banking Institute

No abstract provided.


A Review Of "The New Financial Deal" By David Skeel, Louis Massard 2012 University of North Carolina School of Law

A Review Of "The New Financial Deal" By David Skeel, Louis Massard

North Carolina Banking Institute

No abstract provided.


Why The Cfpb Should Reconsider Dodd-Frank's Prohibition On Yield Spread Premiums, Nicole M. Olvera 2012 University of North Carolina School of Law

Why The Cfpb Should Reconsider Dodd-Frank's Prohibition On Yield Spread Premiums, Nicole M. Olvera

North Carolina Banking Institute

No abstract provided.


Living Wills: Can A Flexible Approach To Rulemaking Address Key Concerns Surrounding Dodd-Frank's Resolution Plans, Clay R. Costner 2012 University of North Carolina School of Law

Living Wills: Can A Flexible Approach To Rulemaking Address Key Concerns Surrounding Dodd-Frank's Resolution Plans, Clay R. Costner

North Carolina Banking Institute

No abstract provided.


Fighting Yesterday's Battles: Proposed Changes To The Consumer Financial Protection Bureau, Alec C. Covington 2012 University of North Carolina School of Law

Fighting Yesterday's Battles: Proposed Changes To The Consumer Financial Protection Bureau, Alec C. Covington

North Carolina Banking Institute

No abstract provided.


International Regulatory Arbitrage Resulting From Dodd-Frank Derivatives Regulation, Benjamin M. Weadon 2012 University of North Carolina School of Law

International Regulatory Arbitrage Resulting From Dodd-Frank Derivatives Regulation, Benjamin M. Weadon

North Carolina Banking Institute

No abstract provided.


A Spirited Conversation Assessing The Risks And Benefits Of Big Banks, Center for Banking and Finance 2012 University of North Carolina School of Law

A Spirited Conversation Assessing The Risks And Benefits Of Big Banks, Center For Banking And Finance

North Carolina Banking Institute

No abstract provided.


Imf: Predatory Lender Or Latin America’S Best Chance?, Paul Thomas Smith 2012 Bemidji State University

Imf: Predatory Lender Or Latin America’S Best Chance?, Paul Thomas Smith

Political Science Theses and Capstones

Recently, there has been heated debate as to whether or not assistance from the International Monetary Fund has proven to be a great humanitarian effort or a scheme by Western governments to keep emerging Latin American countries in debt. The IMF partners with numerous governments in order to create a collective monetary community from which all may benefit in times of need. These partnered countries are also able to apply for assistance if they find themselves in monetary hardships. Some studies have shown that the IMF has been too heavy handed, while other studies have shown that recipient governments may …


Foreword For Regulation In The Fringe Economy Symposium, John P. Caskey 2012 Washington and Lee University School of Law

Foreword For Regulation In The Fringe Economy Symposium, John P. Caskey

Washington and Lee Law Review

No abstract provided.


Mortgaging Human Capital: Federally Funded Subprime Higher Education, Jean Braucher 2012 Washington and Lee University School of Law

Mortgaging Human Capital: Federally Funded Subprime Higher Education, Jean Braucher

Washington and Lee Law Review

The for-profit higher education sector, primarily funded by federal student aid dollars, produces both the highest debts and defaults and lowest completion rates for its students. In response, the U.S. Department of Education (DOE) has promulgated the Gainful Employment Rule to require for-profit colleges and universities to meet either repayment or debt-to-income benchmarks to remain eligible to receive federal Higher Education Act funding. This Article describes the business model of the career colleges and their rapid growth over the last decade, the history of proprietary school regulation, the limited remedies for overindebtedness of former students, and the tests imposed by …


Regulating Online Peer-To-Peer Lending In The Aftermath Of Dodd–Frank: In Search Of An Evolving Regulatory Regime For An Evolving Industry, Eric C. Chaffee, Geoffrey C. Rapp 2012 Washington and Lee University School of Law

Regulating Online Peer-To-Peer Lending In The Aftermath Of Dodd–Frank: In Search Of An Evolving Regulatory Regime For An Evolving Industry, Eric C. Chaffee, Geoffrey C. Rapp

Washington and Lee Law Review

The 2010 Dodd–Frank Wall Street Reform and Consumer Protection Act called for a government study of the regulatory options for on-line Peer-to-Peer lending. On-line P2P sites, most notably for-profit sites Prosper.com and LendingClub.com, offer individual “investors” the chance to lend funds to individual “borrowers.” The sites promise lower interest rates for borrowers and high rates of return for investors. In addition to the media attention such sites have generated, they also raise significant regulatory concerns on both the state and federal level. The Government Accountability Office report produced in response to the Dodd–Frank Act failed to make a strong recommendation …


Payday Lending, Bankruptcy, And Insolvency, Richard Hynes 2012 Washington and Lee University School of Law

Payday Lending, Bankruptcy, And Insolvency, Richard Hynes

Washington and Lee Law Review

Economic theory suggests that payday lending can either increase or decrease consumer welfare. Consumers can use payday loans to cushion the effects of financial shocks, but payday loans may also increase the chance that consumers will succumb to temptation or cognitive errors and seek instant gratification. Both supporters and critics of payday lending have alleged that the welfare effects of the industry can be substantial and that the legalization of payday lending can even have measurable effects on proxies for financial distress, such as bankruptcy, foreclosure, and property crime. Critics further allege that payday lenders target minority and military communities, …


Congress Protected The Troops: Can The New Cfpb Protect Civilians From Payday Lending?, Creola Johnson 2012 Washington and Lee University School of Law

Congress Protected The Troops: Can The New Cfpb Protect Civilians From Payday Lending?, Creola Johnson

Washington and Lee Law Review

In 2007, Congress enacted a law, commonly referred to as the Military Lending Act (MLA), which placed a 36% interest rate cap on several consumer loans, including payday loans, and prohibits lenders from engaging in several practices considered predatory. However, the MLA grants these protections only to active-duty military members and their dependent family members. In the wake of the mortgage foreclosure crisis, Congress passed and President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd–Frank Act), which creates a new federal agency, the Bureau of Consumer Financial Protection (CFPB), to focus on …


After The Great Recession: Regulating Financial Services For Low- And Middle-Income Communities, Ronald J. Mann 2012 Washington and Lee University School of Law

After The Great Recession: Regulating Financial Services For Low- And Middle-Income Communities, Ronald J. Mann

Washington and Lee Law Review

No abstract provided.


The Alliance Between Payday Lenders And Tribes: Are Both Tribal Sovereignty And Consumer Protection At Risk?, Nathalie Martin, Joshua Schwartz 2012 Washington and Lee University School of Law

The Alliance Between Payday Lenders And Tribes: Are Both Tribal Sovereignty And Consumer Protection At Risk?, Nathalie Martin, Joshua Schwartz

Washington and Lee Law Review

No abstract provided.


The Damage Of Debt, Katherine Porter 2012 Washington and Lee University School of Law

The Damage Of Debt, Katherine Porter

Washington and Lee Law Review

No abstract provided.


Regulation Of Payday Loans: Misguided?, Paige Marta Skiba 2012 Washington and Lee University School of Law

Regulation Of Payday Loans: Misguided?, Paige Marta Skiba

Washington and Lee Law Review

Since payday lenders came on the scene in 1990s, regulation of their “predatory” practices has been swift and often severe. Fourteen states now ban payday loans outright. From an economist’s perspective, high-interest, short-term, small loans need not be a bad thing. Payday credit can help borrowers “smooth” consumption, unequivocally improving welfare as consumers borrow from future good times to help cover current shortfalls. These benefits of credit can accrue even at typical payday loan interest rates of 300%–600% APR. The question of whether payday credit actually assists borrowers in this way is an empirical one. In this Article, I review …


Payday Loan Prohibitions: Protecting Financially Challenged Consumers Or Pushing Them Over The Edge?, William M. Webster, IV 2012 Washington and Lee University School of Law

Payday Loan Prohibitions: Protecting Financially Challenged Consumers Or Pushing Them Over The Edge?, William M. Webster, Iv

Washington and Lee Law Review

As recovery from the economic downturn continues, American consumers face an unabated need for short-term, small-dollar credit. To cope with this need, millions choose to take out payday loans. Often the subject of controversy and criticism, these loans have become a mainstream credit option, considered by consumers alongside so-called “traditional” credit products offered by banks and credit unions. This article examines the issues surrounding payday loans, including consumer credit needs, critical options for fulfilling those needs and consumer rationale, from the perspective of Advance America, Cash Advance Centers, Inc., the country’s largest non-bank provider of cash advance services. When faced …


The Economics And Regulation Of Bank Overdraft Protection, Todd J. Zywicki 2012 Washington and Lee University School of Law

The Economics And Regulation Of Bank Overdraft Protection, Todd J. Zywicki

Washington and Lee Law Review

Consumer use of bank overdraft protection has risen rapidly over the past decade, leading to increased scrutiny and the imposition of new regulations. Public and political debate regarding overdraft protection has highlighted anecdotal stories about irresponsible college students who overdraw their accounts to buy a cup of coffee, thereby triggering substantial overdraft fees. But there has been little systematic examination of the safety and soundness or consumer protection issues implicated by the increased use of overdraft protection. Available evidence indicates that those who rely on overdraft protection tend to have low credit ratings and use overdraft protection to maintain short-term …


Digital Commons powered by bepress