Recurring Storms: Weathering The Future By Understanding The Past ,
2010
Greenebaum, Doll & McDonald
Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.
Global Business Law Review
In this article, I describe the major financial crises that evolved into economic crises during the past four hundred years in Europe, the United States, and Asia, before turning to the 2007-10 global financial and economic crisis. My focus will be Tulipmania of 1637, Mississippi Scheme of 1720, South Sea Bubble of 1720, Great Crash of 1929, Crash of 1987, Asian Financial Crisis of 1997, Dot-com Bubble of 2000, and Financial Crisis of 2007-10. I identify commonalities as well as distinguishing characteristics among the events. In the discussion and description that follows, I note that the tendency is for more …
Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital,
2010
Seattle University School of Law
Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital, Tayyab Mahmud Ph.D.
Global Business Law Review
Banking and finance play a critical role in the economy by channeling savings towards productive investments. By the early twentieth century the lessons were learned that, left to its own devices, finance capital tends towards unbridled speculation and ends up playing havoc with the economy. The collective response was a Keynesian compromise whereby finance capital was regulated both nationally and internationally to put a check on speculation and to channel it to support the productive economy. The result was an extended period of economic growth and stability. Over the last thirty years, the neoliberal counter revolution reversed these regimes and …
Supervisory Colleges: The Global Financial Crisis And Improving International Supervisory Coordination,
2010
University of South Carolina - Columbia
Supervisory Colleges: The Global Financial Crisis And Improving International Supervisory Coordination, Duncan E. Alford
Faculty Publications
No abstract provided.
The Changing Face Of Money,
2010
University of Georgia School of Law
The Changing Face Of Money, Christopher M. Bruner
Scholarly Works
In this essay I argue that widespread failure to comprehend the intrinsic nature of modern money loomed large in the recent crisis, and that broader comprehension of its meaning is a precondition for effective post-crisis reforms. First, I provide a brief history of money, emphasizing its gradual divergence from inherent value. I then consider the value of today’s dollar in economic, legal and psychological terms, arguing that each perspective conveys a single over-arching lesson—that better comprehending our money requires better comprehending ourselves. The introspection that this exercise demands reveals with unique clarity some of the critical lessons of the crisis …
The Ilc And The Reconstruction Of U.S. Banking,
2010
University of Georgia School of Law
The Ilc And The Reconstruction Of U.S. Banking, Mehrsa Baradaran
Scholarly Works
Since the Great Depression, bank regulators in the United States have endeavored to separate banking institutions from commercial firms, believing such separation was necessary for stability and growth. The recent collapse of our financial system indicates that this premise may be false, as Industrial Loan Companies ("ILCs") – the only institutions where commercial firms are permitted to own banks – remain sound. ILCs have persisted throughout U.S. banking history through exceptions and omissions in banking legislation, but the strength and resilience they have exhibited in the current financial collapse are worth investigating and even emulating. This article examines recent controversy …
Voting Power Without Responsibility Or Risk: How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights,
2010
Villanova University Charles Widger School of Law
Voting Power Without Responsibility Or Risk: How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights, Roberta S. Karmel
Villanova Law Review (1956 - )
No abstract provided.
Four Challenges To Financial Regulatory Reform,
2010
Villanova University Charles Widger School of Law
Four Challenges To Financial Regulatory Reform, Eric J. Pan
Villanova Law Review (1956 - )
The article discusses the challenges that should be addressed in a successful financial regulatory reform. These challenges include the structuring of regulatory systems, separation of prudential supervision and consumer protection regulation, the entity responsible for monitoring and managing systemic risk, and the supervision of cross-border financial services and transactions. The reform proposals considered by Great Britain, the U.S., and European Union are analyzed.
A Brief History Of Banking And Investment Regulation In The Us And A Challenge To Remain The Greatest Nation In The World,
2010
O'Melveny and Myers, LLP
A Brief History Of Banking And Investment Regulation In The Us And A Challenge To Remain The Greatest Nation In The World, William T. Coleman Jr.
Kentucky Law Journal
No abstract provided.
The Consumer Financial Protection Agency: Love It Or Hate It, U.S. Financial Regulation Needs It,
2010
Villanova University Charles Widger School of Law
The Consumer Financial Protection Agency: Love It Or Hate It, U.S. Financial Regulation Needs It, Ann Graham
Villanova Law Review (1956 - )
The article discusses The Consumer Financial Protection Agency Act of 2009, a legislation filed in the U.S. House of Representatives on July 9, 2009. The U.S. House of Representatives passed The Wall Street Reform and Consumer Protection Act on December 11, 2009, which contained The Consumer Financial Protection Agency Act in Title IV. The American Bankers Association, Financial Services Roundtable, and Independent Community Bankers of America have opposed the creation of the Consumer Financial Protection Agency.
A Comparison Of The Handling Of The Financial Crisis In The United States, The United Kingdom, And Australia,
2010
Villanova University Charles Widger School of Law
A Comparison Of The Handling Of The Financial Crisis In The United States, The United Kingdom, And Australia, Elizabeth F. Brown
Villanova Law Review (1956 - )
The article discusses how the U.S., Great Britain and Australia handled the financial crisis, as of July 2010. It analyzes the reasons why Australia was less affected by the crisis than the U.S. and Great Britain. The author suggests that the U.S. would perform well to adopt a Twin Peaks Model which creates two agencies that regulate a broad range of financial entities but focus on narrow goals.
Wasting The Corporate Waste Doctrine: How The Doctrine Can Provide A Viable Solution In Controlling Excessive Executive Compensation,
2010
University of Michigan Law School
Wasting The Corporate Waste Doctrine: How The Doctrine Can Provide A Viable Solution In Controlling Excessive Executive Compensation, Steven Clayton Caywood
Michigan Law Review
In the midst of the global recession of the late 2000s, there was an outcry against corporate executives and what the public deemed to be their excessive compensation. Although this anger is still featured in today's headlines, it is nothing new. In fact, excessive executive compensation complaints arose when the very concept of a corporation was still new. Most of the complaints that the public has leveled have had little effect on boards of directors' decisions. Occasionally, however the outcry is so great that the public compels a company's leadership to take action. This happened early in 2009 when American …
Things Happen,
2010
Villanova University Charles Widger School of Law
Reframing And Reforming The Securities And Exchange Commission: Lessons From Literature On Change Leadership,
2010
Villanova University Charles Widger School of Law
Reframing And Reforming The Securities And Exchange Commission: Lessons From Literature On Change Leadership, Joan Mcleod Heminway
Villanova Law Review (1956 - )
The article discusses the lessons learned from the restructuring of the U.S. Securities and Exchange Commission (SEC) under the Sarbanes-Oxley Act. The strengths and weakness of the SEC reform measures are highlighted. Key reform proposals stemming from the global financial crisis and reform efforts being undertaken as of the spring of 2010 include overhauling or abolishing the SEC, managing the SEC through the Federal Reserve or the Department of the Treasury, and combining the SEC with the Commodity Futures Trading Commission (CFTC).
Fiduciary Obligations Of Broker-Dealers And Investment Advisers,
2010
Villanova University Charles Widger School of Law
Fiduciary Obligations Of Broker-Dealers And Investment Advisers, Arthur B. Laby
Villanova Law Review (1956 - )
The article discusses fiduciary obligation that broker-dealers and investment advisers owe their clients. It addresses questions in ascertaining whether financial reform is needed. The fiduciary obligations imposed on brokers and advisers are examined. An analysis of whether fiduciary duties should be imposed on brokers providing advice is offered.
Moving Beyond The Clamor For Hedge Fund Regulation: A Reconsideration Of Client Under The Investment Advisers Act Of 1940,
2010
Villanova University Charles Widger School of Law
Moving Beyond The Clamor For Hedge Fund Regulation: A Reconsideration Of Client Under The Investment Advisers Act Of 1940, Anita K. Krug
Villanova Law Review (1956 - )
The article argues that a better approach for hedge fund regulation in the U.S. would be for law to regard private fund investors as clients of the managers of those funds. It discusses the regulatory regime governing investment advisers. The Investment Advisers Act of 1940 is tasked to regulate investment advisers and to require some investment advisers to be registered with the Securities and Exchange Commission (SEC).
The Role Of Trust In Financial Regulation,
2010
Villanova University Charles Widger School of Law
The Role Of Trust In Financial Regulation, Ronald J. Colombo
Villanova Law Review (1956 - )
The article discusses the significance of trust in the U.S. financial regulation. Trust is reportedly important because transaction costs become high in the absence of trust and relationships characterized by trust provide greater opportunities for mutually beneficial exchange. Trust is defined as the willingness to make an individual vulnerable to another. The general regulatory approach to banking, insurance, and securities regulation in the U.S. is discussed.
Governing And Financing Blended Enterprise,
2010
Brooklyn Law School
Governing And Financing Blended Enterprise, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Green Sox For Investors: Requiring Companies To Disclose Risks Related To Climate Change,
2010
University of Maryland Francis King Carey School of Law
Green Sox For Investors: Requiring Companies To Disclose Risks Related To Climate Change, Joey Tsu-Yi Chen
Journal of Business & Technology Law
No abstract provided.
The Sound Of Silence: The Continuing Legal Debate Over Class Action Rescission Under Tila,
2010
UC Hastings College of the Law
The Sound Of Silence: The Continuing Legal Debate Over Class Action Rescission Under Tila, Jo Carrillo, Paul Kofoed
Faculty Scholarship
No abstract provided.
Banks And Brokers And Bricks And Clicks: An Evaluation Of Finra's Proposal To Modify The "Bank Broker-Dealer Rule",
2010
Elisabeth Haub School of Law at Pace University
Banks And Brokers And Bricks And Clicks: An Evaluation Of Finra's Proposal To Modify The "Bank Broker-Dealer Rule", Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
As discussed in this article, the proposed rule change protects bank customers who may be solicited for the purchase of investment products and services, but only to a limited extent. It does not rectify sales practices of broker-dealers--affiliated with financial institutions--which tend to confuse, and even mislead, financially unsophisticated investors of modest means who can least afford to be exposed to excessive risk. Additionally, the proposed rule change adds no meaningful surveillance, inspection, enforcement, or punitive mechanisms to prevent and/or redress insidious practices that are akin to “bait and switch” tactics and are particularly effective against financially unsophisticated investors. In …
