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

Banking and Finance Law Commons™

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

7,295 Full-Text Articles 5,805 Authors 8,093,172 Downloads 161 Institutions

All Articles in Banking and Finance Law

Faceted Search

7,295 full-text articles. Page 203 of 218.

The Wisdom Of Solomon: We Cannot Split The Pre-Embryos, Bridget M. Fuselier 2011 Baylor University School of Law

The Wisdom Of Solomon: We Cannot Split The Pre-Embryos, Bridget M. Fuselier

Cardozo Journal of Equal Rights & Social Justice

The article addresses legal challenges surrounding the status and disposition of preembryos in Assisted Reproductive Technology (ART) by proposing a modified tenancy by the entirety framework. This model seeks to balance the dignity of preembryos with legal practicality, preventing ownership disputes and emotional conflicts. It emphasizes nonseverable rights, restrictions on transfer, and exclusion from probate to ensure clarity and fairness in preembryo disposition. The framework also aims to honor the intent of deceased providers while avoiding fractional ownership and inheritance disputes.


Restoring Transparency To Automated Authority, Frank Pasquale 2011 Brooklyn Law School

Restoring Transparency To Automated Authority, Frank Pasquale

Faculty Scholarship

No abstract provided.


Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster, Miriam A. Cherry, Judd F. Sneirson 2011 Saint Louis University School of Law

Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster, Miriam A. Cherry, Judd F. Sneirson

All Faculty Scholarship

The explosion of the BP-leased Deepwater Horizon and subsequent oil spill stands as an indictment not just of our national energy priorities and environmental law enforcement; it equally represents a failure of Anglo-American corporate law and what passes for corporate social responsibility in business today. Using BP and the disaster as a compelling case study, this Article examines green marketing and corporate governance and identifies elements of each that encourage firms to engage only superficially in corporate social responsibility yet trumpet those efforts to eager consumers and investors. The Article then proposes reforms and protections designed to increase corporate social …


Credit Derivatives, Leverage, And Financial Regulation's Missing Macroeconomic Dimension, Erik F. Gerding 2011 University of Colorado Law School

Credit Derivatives, Leverage, And Financial Regulation's Missing Macroeconomic Dimension, Erik F. Gerding

Publications

Of all OTC derivatives, credit derivatives pose particular concerns because of their ability to generate leverage that can increase liquidity - or the effective money supply - throughout the financial system. Credit derivatives and the leverage they create thus do much more than increase the fragility of financial institutions and increase counterparty risk. By increasing leverage and liquidity, credit derivatives can fuel rises in asset prices and even asset price bubbles. Rising asset prices can then mask mistakes in the pricing of credit derivatives and in assessments of overall leverage in the financial system. Furthermore, the use of credit derivatives …


Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black 2011 University of Missouri - Kansas City, School of Law

Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black

Faculty Works

No abstract provided.


Greene V. Fisher: Will The Aedpa Trump Uniformity And Equity In Constitutional Decision Making, Sean O'Brien 2011 University of Missouri - Kansas City, School of Law

Greene V. Fisher: Will The Aedpa Trump Uniformity And Equity In Constitutional Decision Making, Sean O'Brien

Faculty Works

No abstract provided.


Meaningful Good Faith: Managerial Motives And The Duty To Obey The Law, Peter C. Kostant 2011 New York Law School

Meaningful Good Faith: Managerial Motives And The Duty To Obey The Law, Peter C. Kostant

NYLS Law Review

No abstract provided.


Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach 2011 Pace University School of Law

Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach

NYLS Law Review

No abstract provided.


Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter 2011 Wake Forest University School of Law

Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter

NYLS Law Review

No abstract provided.


The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones 2011 Boston College Law School

The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones

NYLS Law Review

No abstract provided.


What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin 2011 University of Cambridge

What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin

NYLS Law Review

No abstract provided.


The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson 2011 Georgetown University Law Center

The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson

NYLS Law Review

No abstract provided.


Good Faith In Revlon-Land, Christopher M. Bruner 2011 Washington and Lee University School of Law

Good Faith In Revlon-Land, Christopher M. Bruner

NYLS Law Review

No abstract provided.


Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall 2011 Michigan State University College of Law

Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall

NYLS Law Review

No abstract provided.


Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman 2011 New York Law School

Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman

NYLS Law Review

No abstract provided.


Good Faith After Disney: Justice Berger’S Closing Discussion, Carolyn Berger 2011 New York Law School

Good Faith After Disney: Justice Berger’S Closing Discussion, Carolyn Berger

NYLS Law Review

No abstract provided.


Extending The Fraud-On-The-Market Presumption Beyond Basic: A Case Of Poor Analogies And Over-Eager Courts, Dana Lai 2011 New York Law School Class of 2010

Extending The Fraud-On-The-Market Presumption Beyond Basic: A Case Of Poor Analogies And Over-Eager Courts, Dana Lai

NYLS Law Review

No abstract provided.


Pay For Regulator Performance, M. Todd Henderson, Frederick Tung 2011 University of Chicago - Law School

Pay For Regulator Performance, M. Todd Henderson, Frederick Tung

Faculty Scholarship

Few doubt that executive compensation arrangements encouraged the excessive risk taking by banks that led to the recent Financial Crisis. Accordingly, academics and lawmakers have called for the reform of banker pay practices. In this Article, we argue that regulator pay is to blame as well, and that fixing it may be easier and more effective than reforming banker pay. Regulatory failures during the Financial Crisis resulted at least in part from a lack of sufficient incentives for examiners to act aggressively to prevent excessive risk. Bank regulators are rarely paid for performance, and in atypical cases involving performance bonus …


Clearing And Trade Execution Requirements For Otc Derivatives Swaps Under The Frank-Dodd Wall Street Reform And Consumer Protection Act, Willa E. Gibson 2011 University of Akron School of Law

Clearing And Trade Execution Requirements For Otc Derivatives Swaps Under The Frank-Dodd Wall Street Reform And Consumer Protection Act, Willa E. Gibson

Akron Law Faculty Publications

This paper examines Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act entitled the “Wall Street Transparency and Accountability Act of 2010” (the “Act”). The Act provides a comprehensive regulatory framework for swap transactions that designates the Commodities Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) as the primary regulators of the OTC derivatives swap market. The Act provides a very broad definition of swaps to include most OTC derivatives transactions, and it grants the CFTC regulatory jurisdiction over them with the exception of security-based swaps to which the SEC is granted regulatory jurisdiction. …


Dodd-Frank, Liability Structure, And Financial Instability Cycles: Neither A (Ponzi) Borrower Nor A Lender Be, Jose M. Gabilondo 2011 College of Law, Florida International University

Dodd-Frank, Liability Structure, And Financial Instability Cycles: Neither A (Ponzi) Borrower Nor A Lender Be, Jose M. Gabilondo

Faculty Publications

No abstract provided.


Digital Commons powered by bepress