financial regulation law and policy university casebook series

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Financial Regulation

Author : MICHAEL. JACKSON BARR (HOWELL. TAHYAR, MARGARET.)
ISBN : 1640202498
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File Size : 51. 69 MB
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Financial Regulation: Law and Policy (2d Edition) introduces the field of financial regulation in a new and accessible way. Even though a decade has passed since the most systemic financial crisis in the last 70 years and eight years have elapsed since a major shift in regulatory design, the world is still grappling with the aftermath. In addition, technology innovations, including Bitcoin and other cryptocurrencies, market forces and a changing political environment all have combined to reframe and reorient public debate over financial regulation. The book has kept up to date with all of these changes. The book analyzes and compares the market and regulatory architecture of the entire U.S. financial sector as it exists today, from banks, insurance companies, and broker-dealers, to asset managers, complex financial conglomerates, and government-sponsored enterprises. The book explores a range of financial activities, from consumer finance and investment to payment systems, securitization, short-term wholesale funding, money markets, and derivatives. The book examines a range of regulatory techniques, including supervision, enforcement, and rule-writing, as well as crisis-fighting tools such as resolution and the lender of last resort. Throughout the book, the authors note the cross-border implications of U.S. rules, and compare, where appropriate, the U.S. financial regulatory framework and policy choices to those in other places around the globe, especially the European Union.

Financial Regulation

Author :
ISBN : 1634592956
Genre :
File Size : 87. 96 MB
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International Finance

Author : Hal S. Scott
ISBN : 1609301854
Genre : Law
File Size : 89. 12 MB
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This nineteenth edition on international finance includes the continuing responses to the 2007–2009 global financial crisis and the ongoing Eurozone crisis, and reflects the reality of the Dodd-Frank Act, which has spawned hundreds of rule-making proceedings. Chapter 2 now deals with the newly enacted Jumpstart Our Business Startups (JOBS) Act of 2012. Chapter 5 deals with the Euro and Eurozone crisis, the multiple responses to which have been the major focus of international finance in the past year. Chapter 7 discusses the continued formation and implementation of the Basel III rules, as well as the expanding use of stress tests. Chapter 15 addresses the vast regulatory changes in regulation for the over-the-counter derivatives market. Chapter 16 deals with new regulatory proposals for money market and hedge funds.

Banking On Basel

Author : Daniel Tarullo
ISBN : 9780881324914
Genre : Business & Economics
File Size : 26. 87 MB
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The turmoil in financial markets that resulted from the 2007 subprime mortgage crisis in the United States indicates the need to dramatically transform regulation and supervision of financial institutions. Would these institutions have been sounder if the 2004 Revised Framework on International Convergence of Capital Measurement and Capital Standards (Basel II accord)—negotiated between 1999 and 2004—had already been fully implemented? Basel II represents a dramatic change in capital regulation of large banks in the countries represented on the Basel Committee on Banking Supervision: Its internal ratings–based approaches to capital regulation will allow large banks to use their own credit risk models to set minimum capital requirements. The Basel Committee itself implicitly acknowledged in spring 2008 that the revised framework would not have been adequate to contain the risks exposed by the subprime crisis and needed strengthening. This crisis has highlighted two more basic questions about Basel II: One, is the method of capital regulation incorporated in the revised framework fundamentally misguided? Two, even if the basic Basel II approach has promise as a paradigm for domestic regulation, is the effort at extensive international harmonization of capital rules and supervisory practice useful and appropriate? This book provides the answers. It evaluates Basel II as a bank regulatory paradigm and as an international arrangement, considers some possible alternatives, and recommends significant changes in the arrangement.

International Banking Law

Author : V. Comizio
ISBN : 1634597613
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File Size : 41. 93 MB
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This is the first major casebook devoted to international banking law. It examines cutting edge legal and regulatory developments in international banking law, as focused through the business and structural means by which banks conduct international activities--the business of international banking. In doing so, the book highlights the fact that, as international banking has grown and increasingly plays a key role in the international economy, so have practical and policy concerns arisen that have caused an increasing need and support for international banking laws and regulation. The book presents the practical aspects of legal issues that arise in the most common international banking transactions, including the legal role of international banks in letters of credit transactions, international loan syndications and international deposit transactions--so called "ringfencing" of deposits. In so doing, the book seeks to engage the student to understand the respective roles, responsibilities and liabilities of banks associated with these transactions, and the related regulatory concerns reflected in banking laws, regulations and policies. This book also explores international banking regulation, including an analysis of the international principles of bank supervision and the evolving work and influence of the Basel Committee on Bank Regulation and Supervision and regulation of U.S. banks in foreign markets. Significantly, it examines critical international banking legal issues and policies in the context of the recent global financial crisis, government "bailouts" and global financial regulatory reform initiatives responding to the crisis, the causes of the global financial crisis, government reactions and perceived weaknesses in the international financial regulatory system, and regulatory reform covering the Dodd-Frank Act, G-10 and Basel Committee reform initiatives. The book also examines the regulation of foreign banking organizations in the U.S. under the Federal Reserve Board's Regulation K and International Banking Act, Foreign Bank Supervision and Enhancement Act and related laws and regulations. Also, the book analyzes current legal and regulatory developments in anti-terrorism, money laundering, and embargo laws as relates to international banking operations. Finally, the book covers the "single rulebook" banking regulation of the European Monetary Union--the first transnational regulation of international banking. The book also presents emerging ethical considerations in international banking law practice, and the implications of relevant ethical guidance by the American Bar Association and the International Bar Association.

Principles Of Financial Regulation

Author : Hogan Lovells Professor of Law and Finance John Armour
ISBN : 9780198786474
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File Size : 63. 40 MB
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The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.

Securitization Structured Finance And Capital Markets

Author : Steven L. Schwarcz
ISBN : 9780327179030
Genre : Law
File Size : 38. 44 MB
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Securitization, Structured Finance, and Capital Markets provides an introduction to securitization as a method of financing. It is suitable for an independent course or seminar in securitization and structured finance, and may also be used as supplementary reading or as advanced examples in courses in bankruptcy, secured transactions, trusts, corporations, securities regulation, corporate finance, tax, banking, or accounting. The book is organized by substantive legal areas. The first chapter provides an overview of securitization and is a terrific starting point for anyone trying to learn more about this $6 trillion industry where assets as diverse as car loans, credit card debt, student loans, home mortgages, and commercial mortgages are securitized to provide the loan originator with a source of capital at lower cost than might otherwise be available. The first chapter introduces securitization through a detailed discussion of an actual securitization of loans made to purchasers of Hondas. The Honda deal is followed as an example throughout the subsequent chapters and numerous documents from the deal are reprinted in the book. Students should benefit from the concrete example and the opportunity to examine the actual legal documents used to implement this type of financing transaction. Subsequent chapters of the book examine Article 9 of the UCC, the Bankruptcy Code, accounting issues, tax and other considerations, securities laws, and the Investment Company Act. There is a separate chapter focused on special concerns of banks securitizing loans, a chapter on international and cross-border issues in securitization, and a concluding chapter exploring the academic debate relating to the efficiency of securitization. Each chapter of the book contains discussion questions.

Principles Of Bank Regulation

Author : Michael P. Malloy
ISBN : 0314194568
Genre : Law
File Size : 86. 30 MB
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Examines depository institution regulation, and how federal statutes governing banking have been subject to constant amendment in recent years, especially since the meltdown of the mortgage market and the worldwide crisis that followed. Discusses the growing overlap in competition among depository institutions, insurance companies, and securities firms that has further complicated regulatory policy. Also discussed: the regulated environment of banking, entry rules, branching, control transactions, transactional rules, holding company activities, securities regulation, resolution of institution failures, international banking, and bank regulation and social policy.

The Oxford Handbook Of Financial Regulation

Author : Niamh Moloney
ISBN : 9780191510861
Genre : Law
File Size : 27. 73 MB
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The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state-of-the-art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three Parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the major reoccurring objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability; market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation will be an invaluable resource for scholars and students of financial regulation, and for economists, policy-makers and regulators.

Insurance Law And Regulation

Author : Kenneth Abraham
ISBN : 1609304012
Genre : Law
File Size : 53. 65 MB
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This casebook, which has been used as the principal text in more than one hundred law schools, contains extensive material on insurance contract formation and interpretation; insurance regulation; insurable interest and liability for bad-faith breach; property, health, life, and disability insurance; commercial general liability and directors & officers liability insurance; auto insurance; and reinsurance. The casebook gives equal emphasis to personal and commercial insurance, and reprints within the relevant chapters four standard-form insurance policies. There is new material on the interpretation of ambiguities, insurance regulation, the Affordable Care Act, directors & officers insurance, and excess coverage.

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