Michael P. Malloy
The second edition of this study, supplemented three times a year, brings into sharp focus a cascading series of events that have transformed the financial services industry in ways that would have seemed close to incredible when the first edition was published in 1994. Many dramatic developments in the twenty-first century have reshaped the regulation of banks, savings associations, credit unions, and other financial services firms. This exhaustive work provides discussion and analysis of financial services regulation, including extensive treatment of the Dodd-Frank Wall Street Reform and Consumer Protection Act—not just an isolated discussion of the Dodd-Frank Act but a fully integrated treatment of the impact of the act on all topics covered in this study. In addition, the work offers detailed discussion of all major regulatory developments of the past two decades, affecting regulatory structures, formation, branching, management, control transactions, corporate powers, securities regulation and securities activities, holding company activities, mergers and acquisitions, conversions, troubled and failing institutions, systemic risks, and international regulatory policy.
Michael P. Malloy
Michael P. Malloy, Core Principles for Effective Banking Supervision: New Concepts and Challenges, in Selected Legal Issues in Economics 11 (David A. Frenkel, ed., Athens Inst. for Educ. and Res. 2014).
This paper examines certain fundamental issues raised by the existence and application of the newly revised Core Principles for Effective Banking Supervision. First, what expectations are imposed upon jurisdictions that adopt the Core Principles? Second, are the Core Principles an effective response to the international financial crisis? Third, what is the legal status of the Core Principles–mere guidelines, a significant new source of law in international practice, or something in between? The paper argues that the Core Principles represents a distinctive and highly effective approach to the coordination of legal norms across borders that, in the context of international banking practice, may operate as a set of functionally binding norms – and possibly a new source of law in international practice.
John G. Sprankling
This is the first book to explore the subject of international property law. While traditionally viewed as a national concern, identifiable areas of property law have emerged at the international level; the foundation is now being laid for a comprehensive regime. The evolution of international property law was influenced by major economic, political, and technological changes, including the embrace of private property by former socialist states after the Cold War; globalization of investments and trade; the birth of new technologies for exploiting the global commons; and increasing recognition of the human right to property. The first section of the book analyzes how international law impacts rights in specific types of property. It creates property rights in certain situations, such as rights in aboriginal lands and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property and security interests in personal property. Finally, it sometimes restricts or prohibits the property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and humans. The second section of the book develops the thesis that a global right to property should be recognized as a general matter as to all types of property, not merely as a moral precept but rather as an entitlement that all states must honor. It examines five components of the global right: the rights to (a) acquire; (b) use; (c) destroy; (d) exclude; and (e) transfer.
Michael P. Malloy
Michael P. Malloy, Governing Foolishness: A Comparative Analysis of Executive Compensation Rules, in Economy and Commercial Law - Selected Issues 31 (David A. Frenkel, ed., Athens Inst. for Educ. & Res. 2013).
This paper explores three approaches to limits on executive compensation as responses to the current financial crisis. Each approach has been established or endorsed by a different policy making institution. The first approach is the executive compensation provision of the Dodd-Frank Act, which was enacted as the U.S. Government’s principal response to the financial crisis. The second approach is the European Commission’s Green Paper on executive compensation, issued just weeks before enactment of the DFA and with much the same intention. The third approach is a set of non-binding guidelines issued by the Basel Committee on Banking Supervision based at the Bank for International Settlements in Basel, Switzerland. Only the third approach is specifically intended for use in the supervision of financial services firms; the other two impose or recommend requirements on executive compensation. Despite a flurry of public attention over a few causes célèbres, in which corporate executives had their compensation threatened or actually curtailed, current empirical data on executive compensation strongly suggest that these limitations on executive compensation are of negligible effect. The paper argues that these limits are a distraction from the real issues in the financial services markets, like, for example, fraud, manipulation, gross negligence during the run-up to the crisis.
Raquel Aldana and Leticia Saucedo
Chapter 14 of Vulnerable Populations and Transformative Law Teaching: A Critical Reader, edited by: Society of America Law Teachers and Golden Gate University of School of Law.
This essay reflects on the lessons we learned from co-teaching a course five years ago titled Domestic Violence in a Post-Conflict Society: The Case of Nicaragua. We were invited to expose our students to a Sandinista-style, radical women’s organization, the Maria Luiza Ortiz cooperative, in Mululuku, a deeply rural area of Nicaragua that faced looming problems of domestic violence in the absence of law and legal institutions. We seized on the opportunity to adopt this project, because we believed it would be transformative for our students, for ourselves, and maybe even for our law school, while potentially providing useful contributions to the Cooperative. This essay offers us an opportunity to reflect on our own journey as teachers through this experience and to share what we have learned about the ethics, the benefits and costs, and the effectiveness of our attempts at transformative teaching.
Brian K. Landsberg
The Kennedy Justice Department's Enforcement of Civil Rights: A View from the Trenches, in The Kennedy Justice Department’s Enforcement of Civil Rights: A View from the Trenches, in John F. Kennedy History, Memory, Legacy: An Interdisciplinary Inquiry (John Delane Williams et al. eds., 2010) available at www.und.edu/instruct/jfkconference/.
Civil Rights Chronology, January 1961 -- November 1963, in The Kennedy Justice Department’s Enforcement of Civil Rights: A View from the Trenches, in John F. Kennedy History, Memory, Legacy: An Interdisciplinary Inquiry (John Delane Williams et al. eds., 2010) available at www.und.edu/instruct/jfkconference/.
Melissa Brown and Lawrence Frolik
Advising the Elderly or Disabled Client provides specific answers and solutions to legal and practical questions and problems that arise in daily practice when representing elderly or disabled clients. This resource offers coverage across the full range of elderly or disabled client concerns, including: planning for Medicare, Medicaid, and private insurance; medical decision-making and right-to-die issues; retirement and disability income planning; acute, chronic or changing medical conditions such as AIDS, Alzheimer's, strokes and mental illness. Includes practice aids such as official forms, model documents, detailed real-world examples, checklists for interviewing and planning, and a quick-reference glossary of technical terms, concepts, and acronyms.
Scholarship is a core priority for the Pacific McGeorge faculty. Among their scholarly pursuits, Pacific McGeorge faculty develop and present at scholarly symposia and conferences, author books for the legal profession, students, and the general public, and produce scholarship for top journals around the country and the world.
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