Content Posted in 2015
401(k) Debit Card: Valuable Asset or Another Way to Deplete Retirement Accounts, Andrew O. Furuseth
Ability to Repay: Mortgage Lending Standards after Dodd-Frank, Zachary B. Marquand
A Case Study of the Challenge of Designing Effective Electronic Consumer Credit Disclosures: The Interim Rule for the Truth in Lending Act, Margot Saunders
Accounting Consolidation versus Capital Calculation: The Conflict over Asset-Backed Commercial Paper Programs, Lee Gilliam
Accounting for and Disclosure of Special Purpose Entities by Financial Holding Companies: Lessons from PNC Financial Services, Joyita R. Basu
Achieving the American Dream: May Financial Holding Companies Engage in Real Estate Brokerage, Jabari M. Vaughn
A Debate Framed by Fallacies, Robert Jenkins
Adverse Action Notices under the FCRA: The Supreme Court Provides Guidance, Meghan F. McClure
After Barnett: The Intersection of National Bank Insurance Powers and State Regulation, Julie L. Williams, Stuart E. Feldstein, and Karen E. McSweeney
After the Dodd-Frank Indusrial Loan Company Moratorium: What's Next, V. Gerard Comizio
Alien to Financial Services: Should Social Security Numbers Be Required for Banking Services Provided to Immigrants, Drew K. Kifner
An Introduction to the Euro, Tonya D. Horton
An Overview of Commercial Mortgage Backed Securitization: The Devil Is in the Details, Alan Kronovet
An Overview of Some Rules and Principles for Delivering Consumer Disclosures Electronically, R. David Whitaker
Anti-Money Laundering Compliance: Only Mega Banks Need Apply, Ernest L. Simons IV
A Review of "The New Financial Deal" by David Skeel, Louis Massard
A Spirited Conversation Assessing the Risks and Benefits of Big Banks, Center for Banking and Finance
A Spotlight on Shadow Banking: The CFPB Finalizes Procedures to Supervise Risky Nonbanks, Dylan J. Castellino
Asset-Backed Commercial Paper Conduits, Michael Durrer
Atherton v. FDIC: The Final Word on Bank Officer and Director Liability, Stacey Taylor Kern
Auction-Rate Securities: A Fast &(and) Furious Fall, Sean T. Seelinger
A Wal-Mart-Owned ILC: Why Congress Should Give the Green Light, Charles Kabugo-Musoke
Aycock at the announcement of Martin Brinkley being named the dean of Carolina Law. (2015)
Aycock, center, with J. Dickson Phillips, left.
Aycock during his time as chancellor, 1957 - 1964.
Aycock, left, reunited with former classmates.
Aycock, seated bottom left, with fellow classmates. (1948)
Aycock, second from the left. (1972)
Aycock, speaking at a banquet.
Aycock, stands right side of Kennedy.
Aycock, top left, with other members of the Carolina Law faculty. (1953)
Bank Capital Requirements for Retained Interests in Securitizations, Cynthia C. Mabel
Bankers Beware: The Risks of Syndicated Credits, Megan Elizabeth Jones
Bankers Up - Professional Sports Facility Financing and Other Opportunities for Bank Involvement in Lucrative Professional Sports, Kerry M. Fraas
Bank Governance: An Independent Director's Perspective, John D. "Jay" Cornet
Bank Holding Company Trust Preferred Securities: Recent Developments, Todd H. Eveson and John F. Schramm
Banking on Bitcoin: Applying Anti-Money Laundering and Money Transmitter Laws, Kelsey L. Penrose
Banking Organizations: Structural and Other Considerations Involving Non-Banking Activities, John L. Douglas
Banking Regulation: Its History and Future, Jerry W. Markham
Bank Mergers in Concentrated Markets: The Role of Mitigating Factors, Chad F. Brown
Bank-Owned Life Insurance: Much More than Just Janitors Insurance, Joel W. Mann
Bankruptcy Reform and the Financial Crisis, Melissa B. Jacoby
Banks and the Year 2000 Problem, David Greaves
Banks are Obsolete -- and Who Cares, Edward E. Furash
Banktown: Assessing Blame for the Near-Collapse of Charlotte's Biggest Banks, Brian Choi
Bankwest v. Baker: Is It a Mayday for Payday Lenders in Rent-a-Charter Arrangements, Elizabeth Willoughby
BAPCPA and Commercial Credit: Who (SIC) Do You Trust, David G. Epstein
Board of Editors, North Carolina Banking Institute
Bounce Protection: Payday Lending in Sheep's Clothing, Owen B. Asplundh
Brazil and the Global Financial Crisis: An Examination of the Effect from Charlotte to Sao Paolo, Rachel V. Steinwender
California: A Privacy Statute Meets the GLBA & (and) FCRA, Jason Shroff
Can Credit Union Member Business Loans Meet the Need for More Credit to Small Businesses, Katherine E. Howell-Best
Can't Get Money for Nothing: An Analysis of ATM Surcharge Ban Demand, Ginger Ann Bagley
Capital Requirements for Merchant Banking, Ashley D. Fluhme
Check Clearing for the 21st Century Act: The Impact on Consumers, Andrea McGlinn
Checking in and Cashing Out: Cashier's Check Fraud, Depository Liability and Proposed Solutions, Alex Y. Lieberman
Chinese Banks' Reemergence in the United States, John D. Fitspatrick
Circling the Wagons: Has the Scope of the Duties of Bank Directors Faced with Bids for Acquisition Expanded, Todd Hammond Eveson
Citizens South: Innovative Use of TARP Funds Creates Value for Customers, Community, and the Bank, Patrick D. Craig
College Cost Reduction and Access Act: A Good Step, but Only a Step, Travis L. Packer
Community Reinvestment Act and Its Impact on Bank Mergers, Joseph Moore
Comparative Analysis of Stress Testing in the United States and Europe, Alexander Abramovich
Computerized Credit Scoring's Effect on the Lending Industry, Kenneth G. Gunter
Confidentiality of Communications by In-House Counsel for Financial Institutions, Janet J. Higley, Robert C. Jones Jr., and Peter C. Buck
Contents, North Carolina Banking Institute
Corporate Law Constraints on Political Spending, James Kwak
Credit Card Reform Goes to College, Regina L. Hinson
Creditor Certainty and Consumer Protection: Complaints as Initial Communications under the Fair Debt Collection Practices Act, Brian Koontz
Credit Union Conversions: Charter Choices and Controversy, Michael W. Briggs
Credit Unions: Who Should Be Able to Serve the Underserved, Jeremy D. Franklin
Cuomo v. Clearing House Association: The Latest Chapter in the OCC's Pursuit of Chevron Deference, Ramyn Atri
Cyberbanking: Legal and Regulatory Considerations for Banking Organizations, John L. Douglas
Data Security and Data Breach Notification for Financial Institutions, Sean C. Honeywill
Debit Card Interchange Fees and the Durbin Amendment's Small Bank Exemption, M. Pierce Sandwith
Deferred Prosecution Agreements: Too Big to Jail and the Potential of Judicial Oversight Combined with Congressional Legislation, Ellis W. Martin
Deposit Accounts under the New World Order, Ingrid Michelsen Hillinger, David Line Batty, and Richard K. Brown
Designing Countercyclical Capital Buffers, Brett H. McDonnell
Dodd-Frank Regulatory Innovation, and the Safety of Consumer Financial Products, Melissa B. Jacoby
Dodd-Frank's Requirement of Skin in the game for Asset-Backed Securities May Scalp Corporate Loan Liquidity, David Line Batty
Does Federal Law Preempt State or Local Laws That Ban ATM Surcharges, Melanie Elizabeth Doule
Does the Term Bank Broker-Dealer Still Have Meaning, Alan E. Sorcher and Satish M. Kini
Domestic Bank Regulation in a Global Environment - A Comparative Dialogue, Lissa Broome, Michael Helfer, Cyrus Amir-Mokri, and Chris Brummer
Don't Bet on This Legislation: The Unlawful Internet Gambling Enforcement Act Places a Bigger Burden on Financial Institutions than Internet Gambling, Jason A. Miller
Dueling Dollars: The Story of Sacagawea's Journey, Richard R. Holley III
Early Stage SBICs: A New Source of Capital for Private Investors, Equity for Start-Ups, and Possible Volcker Rule Exemption for Banks, Ethan D. Dunn
Easing the Burden on Mobile Payments: Resolving Current Deficiencies in Money Transmitter Regulation, M. MacRae Robinson
Effective Compliance Risk Management in a Rapidly Changing Regulatory Environment: A Conversation from the Clearinghouse Annual Conference, Lissa L. Broome, Richard Neiman, Sally Belshaw, and Tim Clark
Electronic Banking: Security, Privacy, and CRA Compliance, Kimbrelly Kegler
Enforcing the Community Reinvestment Act: The Courthouse Doors Are Closed, Lara L. Spencer
Equator Principles III: A Hard Look at Soft Law, Joshua A. Lance
Equity Investment in Chinese Banks: A Doorway into China's Banking Sector, Jack E. Jirak
E-Sign versus State Electronic Signature Laws: The Electronic Statutory Battleground, Adam R. Smart
E-Sign: Will the New Law Increase Internet Security Allowing Online Mortgage Lending to Become Routine, Carrie A. O'Brien
Establishing Appropriate Liability under the Fair and Accurate Credit Transactions Act, Mignon M. Arrington
Executive Compensation and Risk: TARP Rules for Financial Institutions Trigger Broader Risk Assessment of Compensation Policies, Michael S. Melbinger
Expansion and Innovation Predominant Themes among North Carolina Financial Institutions in 1998, Lara L. Spencer
Explaining and Curbing Capture, Rachel E. Barkow
Extraordinary Government Intervention to Bolster Bank Balance Sheets, Lissa L. Broome
Eyeing the Future: Surviving the Criticisms of Biometric Authentication, Robyn Moo-Young
Falling on Deaf Ears: The FSOC's Evidentiary Hearings Provides Little Opportunity to Challenge a Nonbank SIFI Designation, William M. Butler
Federal Banking Agencies' Guidance on Subprime Lending: Regulation with a Divided Mind, Joseph A. Smith Jr.
Federal Preemption and the Challenge to Maintain Balance in the Dual Banking System, Robert C. Eager and C. F. Muckenfuss III
Federal Usury Law for Service Members: The Talent-Nelson Amendment, Patrick M. Aul
Feeling the Stones: Measuring the Potential of Deposit Insurance in China through a Comparative Analysis, Daniel L. McCullough
Fighting Yesterday's Battles: Proposed Changes to the Consumer Financial Protection Bureau, Alec C. Covington
Filling a Regulatory Gap: It is Time to Regulate Over-the-Counter Derivatives, Thomas Lee Hazen
Financial and Bank Holding Company Issuance of Trust Preferred Securities, Todd H. Eveson
Financial Innovation and Flexible Regulation: Destabilizing the Regulatory State, Cristie Ford
Financialization: Causes, Inequality Consequences, and Policy Implications, Donald Tomaskovic-Devey and Ken-Hou Lin
Financial Literacy, Regulation and Consumer Welfare, Joseph A. Smith Jr.
Financial Regulation Reform: Politics, Implementation and Alternatives, Anat R. Admati
Financial Services Privacy at the Start of the 21st Century: A Conceptual Perspective, Charles M. Horn
First Pacific Bancorp, Inc. v. Helfer: A Case for an Implied Private Cause of Action, Nathan Fess
First Union v. SunTrust Banks: The Fight for Wachovia and Its Impact on North Carolina Corporate Law, Lijun K. Yang
Fixing Payday Lending: The Potential of Greater Bank Involvement, Michael Bertics
Foreword, North Carolina Banking Institute
Foreword, North Carolina Banking Institute
Foreword, North Carolina Banking Institute
Foreword, North Carolina Banking Institute
Foreword, North Carolina Banking Institute
Foreword, Lissa L. Broome
Foreword, North Carolina Banking Institute
Foreword, Daniel K. Tracey and Lissa L. Broome
Foreword, Sarah A. Core and Lissa L. Broome
Foreword, Sarah A. Core and Lissa L. Broome
Free Markets and Government Regulation: The Competing Views of Thomas Woods and George Cooper, David Shay Corbett II
From Checks to Cash: The Regulation of the Payday Lending Industry, Scott Andrew Schaaf
Full Disclosure: How Should Lenders Respond to the Heightened Reporting Requirements of the Home Mortgage Disclosure Act, Henry M. Jay
Functional Regulation of Bank Insurance Activities: The Time Has Come, Linda Birkin Tigges
Geographic Markets in Bank Mergers: A Potpourri of Issues, Michael A. Greenspan
Gotterdammerung, Lawrence G. Baxter
Government Sponsored Enterprises: A Discussion of the Federal Subsidy of Fannie Mae and Freddie Mac, Bradley K. Krehely
Gramm-Leach-Bliley Act and State Regulation of the Business of Insurance-Past, Present and . . . Future, Scott A. Sinder
Growth of Internet-only Banks: Brick and Mortar Branches Are Feeling the Byte, Christian N. Watson
Headwinds Confronting the SEC, James D. Cox
Hedge Fund Regulation: Investors are Knocking at the Door, but Can the SEC Clean House before Everyone Rushes In, Joseph Hellrung
HIPAA: Demystifying the Implications for Financial Institutions, Jessica M. Lewis
Home Mortgage Lending: Past, Present, and Future, Joseph A. Smith Jr.
How Banks Can Benefit from Partnership with Community Development Financial Institutions: The Bank Enterprise Awards Program, Calvin Cunningham
How to Be Secure When Your Collateral Is a Security: A Guide to the Creation and Perfection of Security Interests in Investment Property under the 1994 Revisions to the Uniform Commercial Code, Joseph B. Kluttz, David Line Batty, and V. Nicole Nichols
Identity Theft and the Case for a National Credit Report Freeze Law, Kristan T. Cheng
Identity Theft: Prevention and Liability, Kristen S. Provenza
If You Can't Beat Them, Join Them: Dara Aggregators and Financial Institutions, Kimberly L. Wierzel
Impact of Statement of Financial Accounting Standards 133 on the Banking Industry, Mark O. Henry
Income Inequality: Panel on Financialization, Economic Opportunity, and the Future of American Democracy, Timothy Noah
Increased Bank Liability for Online Fraud: The Effect of Patco Construction Co. v. People's United Bank, Robert K. Burrow
Increased Federal Deposit Insurance Coverage: At What Cost, Nancy J. Coppola
Individual Development Accounts in North Carolina, Susan A. Williams
In Remembrance: Donald F. Clifford, Jr., Lissa L. Broome
In Remembrance: Donald F. Clifford, Jr., Lissa L. Broome
In Re Yellowstone Mountain Club: Equitable Subordination to Police Inequitable Conduct by Non-Insider Creditors, Marina Montes
International Regulatory Arbitrage Resulting from Dodd-Frank Derivatives Regulation, Benjamin M. Weadon
Internet Gambling and the Banking Industry: An Unsure Bet, Jon Patterson
In the Name of Parity: An Analysis of the FDIC's Proposed Rulemaking to Preempt Certain State Banking Laws, E. Lang Hunter
Intrabank Conflicts of Interest, Peter C. Buck and Krista R. Bowen
Introduction, David P. Broughton
Introduction, North Carolina Banking Institute
Investment Banking Conflicts: Reserach Analysts and IPO Allocations, Phillip Ballard Kennedy
Islamic Finance: A Growing Industry in the United States, Kimberly J. Tacy
Joint Accounts, Setoff, and Distribution of Marital Property in North Carolina, Nancy Ray
Keeping Secured Lending Secure: The Limited Legacy of Chrysler's Section 363 Bankruptcy, Spencer C. Robinson
Keeping Tabs on Financial Innovation: Product Identifiers in Consumer Financial Regulation, Daniel Carpenter and Patricia A. McCoy
Keynote Address: The Continuing Problem of Too Big to Fail, Simon Johnson
Latimore v. Citibank Federal Savings Bank: A Journey through the Labyrinth of Lending Discrimination, Erin Elisabeth Dancy
Leading For Growth: Assessing the Growth Impact of Umpqua Bank's "Cultural Makeover", Chase A. Tweel
LIBOR Left in Limbo; A Call for More Reform, Justin T. Wong
Living Wills: Can a Flexible Approach to Rulemaking Address Key Concerns Surrounding Dodd-Frank's Resolution Plans, Clay R. Costner
Loan Modifications: Turbulent Times - Troublesome Topics, J. Thomas Dunn Jr.
McColl's Revolution: The Triumph of the South, Frances Clement
Microfinance in Rural China: Government Initiatives to Encourage Participation by Foreign and Domestic Financial Institutions, J. Wyatt Kendall
Misappropriating Certainty from the Securities Markets: A Practitioner's Primer on the O'Hagan Decision, Harvey L. Pitt, Karl A. Groskaufmanis, and Edward B. Whittemore
Missed (Inter)Connections: Proposed Revisions to the Federal Reserve's Approach to Financial Stability Analysis under the Bank Holding Company Act, Christopher S. Dwight
Money Laundering: New Legislation and New Regulations, But Is It Enough, Bradley J-M. Runyon
Mounting a Judicial Challenge to President Barack Obama's Recess Appointment of Richard Cordray: The Constitutional Mandate of Standing, S. Austin King
National Bank Operating Subsidiaries: How Far Has the OCC Opened the Door to Nonbanking Activities, William T. McCuiston
Necessity is the Mother of Innovation during the Credit Crisis, David Line Batty
Neder v. United States Materiality in Bank Fraud Prosecutions, John S. Slosson
Neil Barofsky's SIG TARP: Difficult, Rigorous, and Independent Oversight of the TARP, Samuel R. Diamant
New Millennium Heralds Changes in North Carolina's Financial Services Landscape, Todd Hammond Eveson
New Operating Standards for Section 20 Subsidiaries: The Federal Reserve Board's Prudent March toward Financial Services Modernization, R. Nicholas Rodelli
Nontraditional Mortgage Products: Does Guidance Effectively Inform Borrowers of Risk, Stuart M. Rigot
North Carolina Banking in 1997: The Year in Review, Laura Turner Beyer
North Carolina Community Banks: Survival Strategies for Turbulent Times, Adam R. Lewis
North Carolina Leads Again: Loan Servicing Amendments to the Mortgage Lending Act, Donald C. Lampe
North Carolina's Emergency Measures to Reduce Home Foreclosures, Carolyn E. Waldrep
North Carolina's Mortgage Lending Act: Licensing and Regulation of Mortgage Bankers and Brokers, Caroline V. Barbee
Notice Requirements: Common Themes and Differences in the Regulatory and Legislative Responses to Data Security Breaches, Satish M. Kini and James T. Shreve
Not So Perfect: The Disconnect between Medicare and the Uniform Commercial Code regarding Health-Care-Insurance Receivables, Kimberly Easter Zirkle
Now That the Floodgates Have Been Opened, Why Haven't Banks Rushed into the Certification Authority Business, Tara C. Hogan
OCC v. Providian National Bank: Enforcement of the FTC's Unfair and Deceptive Trade Practices Statute by the OCC, McNeill Y. Wester
One-Card 101: Wachovia Hits the Pit and Becomes the Partner Bank of the UNC One Card, Richard R. Holley III
Online Peer-to-Peer Payments: PayPal Primes the Pump, Will Banks Follow, Carl Kaminski
Online Transactions: Squaring the Gramm-Leach-Bliley Act Privacy Provisions with the FTC Fair Information Practice Principles, David Annecharico
Only Fools Rush In: Mandatory Audit Firm Rotation and the PCAOB, Sarah A. Core
Operational Risk in Bashel II, Michael E. Blieier
Organizational Diversity and Regulatory Strategy in Financial Markets: Possibilities for Upgrading and Reform, Marc Schneiberg
Originating Lender Bank Liability to Participants in the B-Tranche of a Leveraged Loan: Mending the Gap between Federal Banking and Federal Securities Regulation, Louisa C. Crampton
Other People's Money: How a Time-Gap in Credit Reporting May Lead to Fraud, J. Alex Heroy
Overdraft Protection Programs: Consumers Still in the Dark under Regulation DD, Carolyn M. Gillikin
Overview of the Gramm-Leach-Bliley Act, Paul J. Polking and Scott A. Cammarn
Past, Present and Future Threats to Federal Safety Net Benefits in Bank Accounts, Margot F. Saunders and Johnson M. Tyler
Patent Protection for New Ways to Do Business and the Effect on Financial Institutions, Jacob Razem
Payday Lending in North Carolina: Now You See It, Now You Don't, Scott A. Hefner
Payroll Cards: Would You Like Your Pay with Those Fries, Beth S. DeSimone and Carrie A. O'Brien
Peer-to-Peer Lending in the United States: Surviving after Dodd-Frank, Jack R. Magee
Political Accountability, Campaign Finance, and Regulatory Reform, Michael Waldman
Ponzi Schemes and Litigation Risks: What Every Financial Services Company Should Know, Kenneth C. Johnston, Kellie M. Johnson, and Joseph A. Hummel
Preemption and the North Carolina Predatory Lending Law, C. Bailey King Jr.
Preface, James B. Hunt Jr.
Privacy and Accuracy of Personal Information, L. Richard Fischer
Privacy Rights v. Anti-Money Laundering Enforcement, Robert S. Pasley
Private Equity Investment in Failed Banks: Appropriate Investors Welcome, Frank Righeimer Martin
Private Equity Investment in Financial Institutions and How to Avoid Becoming a Bank Holding Company, Ravi R. Desai
Problems with Potential Application of Selected Provisions of the Sarbanes-Oxley Act of 2002 to Small, Non-Public Banking Organizations, Jonathan A. Treadway
Proffering the Right Evidence: Proving Loss Causation and Damages under SEC Rule 10b-5, S. Austin King
Proposed Revisions to Regulation Y, John L. Douglas
Protecting Consumers from Consumer Credit Counseling, John Hurst
Randolph v. Green Tree Financial Corp.: Are Consumer Arbitration Agreements That Are Silent as to the Apportionment of Arbitral Expenses Enforceable, Matthew C. Bouchard
Rating Agency Reform: Presenting the Registered Market for Asset-Backed Securities, Benjamin H. Brownlow
Recent Changes to the Community Reinvestment Act and Their Impact on Community Banks and Rural Economies, Camden C. Betz
Recent Developments in Bank Secrecy Act Enforcement, Robert S. Pasley
Reducing Battles between First and Second Lien Holders through Intercreditor Agreements: The Role of the New ABA Model Intercreditor Agreement Task Force, Gary D. Chamblee
Reforming America's Mortgage Market: What Comes after Fannie Mae and Freddie Mac, Reginald T. O'Shields
Regulation of Microfinance in the United States: Following a Peruvian Model, Matthew A. Pierce
Regulation R: The Beginning of the End or the End of the Beginning of Bank Securities Brokerage Activities, Jerome J. Roche and Babback Sabahi
Regulatory Capture: Why It Occurs, How to Minimize It, Gerard Jr. Caprio
Regulatory Guidance on Concentrations in Commercial Real Estate Lending, H. Gary Pannell and Robert L. Carothers Jr.
Regulatory Reform in the U.K., Michael W. Taylor
Replacing Paper Writings with Electronic Records in Consumer Transactions: Purposes, Pitfalls and Principles, Jean Braucher
Retail Delivery of Financial Services after the Gramm-Leach-Bliley Act: How Will Public Policy Shape the Financial Services Supermarket, Joseph A. Smith Jr.
Retirement Savings in the Face of Increasing Longevity: The Advantages of Deferring Retirement, Chase A. Tweel
Reverse Mortgages: Changes Brought about by the Housing and Economic Recovery Act, Annie E. Nelson
Revised Article 9 of the UCC: Scope, Perfection, Priorities, and Default, Barkley Clark
Riegle-Neal's 10% Nationwide Deposit Cap: Arbitrary and Unnecessary, Cybil White
Risky Business: Lending to Health Maintenance Organizations and Physician Practice Management Companies, Debra S. Wood
Savings for the Poor: The Hidden Benefits of Electronic Banking: A Review and Response, Joseph A. Smith Jr.
S Banks: Should Banks Convert to S Corporations, Michael Duane Jones
Scaling the Great Wall: An Analysis of Foreign Banks' Entry into China, Carol G. Liu
Scanning Legislative Efforts: Current RFID Legislation Suffers from Misguided Fears, Kristina M. Willingham
Secrets Hurt: How SWIFT Shook up Congress, the European Union, and the U.S. Banking Industry, Jeremy S. Shrader
Section 1044 of Dodd-Frank: When Will State Laws Be Preempted under the OCC's Revised Regulations, Danyeale I. Hensley
Section 20 Affiliates of Bank Holding Companies, H. Rodgin Cohen
Section 307 of the Sarbanes-Oxley Act: Eroding the Legal Profession's System of Self-Governance, Stephanie R.E. Patterson
Selected Legal Issues Affecting Securitization, Michael S. Gambro and Scott Leichtner
Selling out the Farm - The Impact of the Farm Security and Rural Investment Act of 2002 on Lending Institutions and the Small Farmer, Amanda Stokes
Should the IRS Continue to Deny Banks the Benefits of the LLC Structure, T. Scott Kummer
Silence Isn't Golden: The CFPB's Privilege Rule and the Risk of Failure under Chevron Step One, Jacob M. Gerber
Silent Second Liens - Will Bankruptcy Courts Keep the Peace, David Line Batty and Jo Ann J. Brighton
Small Businesses and Identity Theft: Reallocating the Risk of Loss, Penelope N. Lazarou
Small Business Real Estate Financing: Why Small Businesses and Banks Should Utilize SBA 504 Loans, Graham S. Miller
Smiley v. Citibank (South Dakota), N. A.: Banks Find Interest in Credit Card Late Payment Fees, Karen Mower
State Farm Insurance: The Unitary Thrift Holding Company Model for Integrated Financial Services, Ryan Melcher
State Usury Laws: Are They Effective in a Post-GLBA World, Amanda Katherine Hill Sadie
State v. National Banks: The Battle over Examination Fees, Connie Edwards Josey
Stock Broker Fiduciary Duties and the Impact of the Dodd-Frank Act, Thomas Lee Hazen
Stored Value Cards: Should We Know the Holder, John T. Albers
Strategic Alliances: Why, How, and What to Watch for, David E. Brown Jr., Kathryn M. Cole, and Joseph A. Smith Jr.
Stripping off Market Accountability: Housing Policy Perspectives on the Crises in the Financial System, Charles E. Daye
Survival of the Federal Common Law D'Oench Doctrine, Robert B. Markworth
Sweeping Away the Cobwebs: North Carolina's Banking Law Modernization Act, E. Knox Proctor and Todd H. Eveson
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Table of Contents, North Carolina Banking Institute
Technology & Banking, John L. Douglas
Tentative Steps toward Financial Privacy, David W. Roderer
Terrorism Insurance and Commerical Real Estate: The New Frontier, Alison R. Orlans
The 21st Century CRA: How Internet Banks Are Causing Regulators to Rethink the Community Reinvestment Act, William M. Keyser
The AIG Bailout: Constraining the Fed's Discretion, Andrew P. Atkins
The Availability of Statutory Damages under TILA to Remedy the Sharp Practice of Payday Lenders, Thomas A. Wilson
The Beginning of the End: The Demise of Bank Partnerships with Payday Lenders, Tasha L. Winebarger
The CFPB Indirectly Regulated Lending through Auto Dealers, Kim B. Perez
The Citigroup and J.P. Morgan Chase Enron Settlements: The Impact on the Financial Industry, Vaughn K. Reynolds
The Community Reinvestment Act: A Boost to Low- and Moderate-Income Communities, a Set-Back for Minority-Owned Banks, Laura Turner Beyer
The Community Reinvestment Act & Credit Unions, C. Blythe Clifford
The Consequences of Expiring Commercial Shared-Loss Agreements, Robert C. Martin
The Consumer Credit Reporting Reform Act: Information Sharing and Preemption, Joseph L. Seidel
The Consumer Financial Protection Bureau and Class Action Waivers after AT&T v. Concepcion, Laetitia L. Cheltenham
The Consumer Response to Privacy Provisions in Gramm-Leach-Bliley: Much Ado about Nothing, Eric Poggemiller
The Cooperative Structure of the Federal Home Loan Banks: A Model for Government Sponsored Enterprises, Jill Spencer, Julia Brown, and Reggie O'Shields
The Credit CARD Act of 2009: An Effective but Incomplete Solution Evidencing the Need for a Federal Regulator, Jaclyn Rodriguez
The Credit Card Market and Regulation: In Need of Repair, Carolyn Carter, Elizabeth Renuart, Margot Saunders, and Chi Chi Wu
The Curse of History: Good Bank Brands Make Bad Bank Trademarks, John M. Conley and Jayne C. Hunter
The Dark Side of Derivatives: A Book Note on Infectious Greed: How Deceit and Risk Corrupted the Financial Markets by Frank Partnoy, Monica S. Tew
The Dodd-Frank Act: A New Deal for a New Age, Saule T. Omarova
The Dodd-Frank Act: Tarp Bailout Backlash and Too Big To Fail, Lissa Lamkin Broome
The Durbin Amendment's Interchange Fee and Network Non-Exclusivity Provisions: Did the Federal Reserve Board Overstep Its Boundaries, Kathleen A. McConnell
The Effects of an Undefined Ultimate Authority Standard for Rule 10b-5 Claims: Janus Capital Group, Inc. v. First Derivative Trader, Bryan P. King
The Emerging U.S. Market for Covered Bonds, Miller Jefferson
The Entrance of Banks into Subprime Lending: First Union and the Money Store, Evan M. Gilreath
The Evolution of a Suitability Standard in the Mortgage Lending Industry: The Subprime Meltdown Fuels the Fires of Change, Frank A. Hirsch Jr.
The Evolution of the Common Bond in Occupational Credit Unions: How Close Must the Tie That Binds Be, Amanda Masset
The Exception That Ate the Rule: Why QRM Should Not Equal QM, Jeffrey R. Favitta
The Exploitation of Bank Charges and Undermining of Consumer Protection: Exploring the Realms of High-to-Low Check Posting, Willie E. Spruill II
The Failed NYSE Euronext-Deutsche Borse Group Merger: Foreshadowing Future Consolidation of the Global Stock Exchange Market, Christina D. Cress
The FDIC's Special Assessment: Basing Deposit Insurance on Assets Instead of Deposits, Peter S. Kim
The Federal Reserve's Catch-22: A Legal Analysis of the Federal Reserve's Emergency Powers, Thomas O. Porter II
The First One Hundred Years of Banking in North Carolina, Lissa Lamkin Broome
The Future of Nonbank Depository Financial Institutions, C. Dawn Causey
The Ghosts of Wall Street: A Book Note on the Last Partnerships by Charles Geisst, W. Winborne Boyles
The Great Turf War of the New Millennium: Can Banks Engage in Real Estate Brokerage and Management Activities, Harrison K. Bishop
The Impact of Dodd-Frank on End-Users Hedging Commercial Risk in Over-the-Country Derivatives Markets, Laurin C. Ariail
The Impact of Technology on Banking: The Effect and Implications of Deconstruction of Banking Functions, Julie L. Williams and James F. Gillespie E.
The Increase in Predatory Lending and Appropriate Remedial Actions, Margot Saunders
The Legal Giants that Propelled North Corolina Banks to National Prominence: Paul J. Polking, Marion A. Cowell, and Jerone C. Herring, Lissa L. Broome
The LIBOR Scandal and Litigation: How the Manipulation of LIBOR Could Invalidate Financial Contracts, C. Cowden W. Rayburn
The Missing Lending Link: Why a Federal Loan Guarantee Program is Critical to the Continued Growth of the Solar Power Industry, Daniel K. Tracey
The National Association of Securities Dealers' Arbitration of Investor Claims against Its Brokers: Taming the Fox that Guards the Henhouse, Paul Joseph Foley
The New Crisis for the New Century: Some Observations on the Big-Picture Lessons of the Global Financial Crisis of 2008, Saule T. Omarova
The New Identity Crises: USA PATRIOT Act Customer Identification Programs and the Matricula Consular as Primary Identity Verification for Mexican Nationals, Kathryn Lee Holloman
The New Rule 10b-18: How the Wachovia Merger Continues to Plague the Future of the Banking Industry, James E. Langston Jr.
The North Carolina Banking Institute Symposium on the Foreclosure Crisis: Mortgage Cramdown in Bankruptcy as a Necessary Incentive to Encourage Mortgage Modification, Marjorie B. Maynard
The North Carolina Banking Institute Symposium on the Foreclosure Crisis: Municipalities Fight Effects of Foreclosure with Litigation and Neighborhood Stabilization Program Grants, S. Adeline McKinney
The North Carolina Banking Institute Symposium on the Foreclosure Crisis: Overview, Kathryn E. Johnson and Carolyn E. Waldrep
The North Carolina Banking Institute Symposium on the Foreclosure Crisis: The Right to Rent, Another Approach to Combat the Foreclosure Crisis, Daniel J. Behrend
The North Carolina Business Court: North Carolina's Special Superior Court for Complex Business Cases, Carrie A. O'Brien
The Orderly Liquidation Authority: The Creditor's Perspective, Jamieson L. Hardee
The Post-Green Tree Evidentiary Standard for Invalidating Arbitration Clauses in Consumer Lending Contracts: How Much Justice Can You Afford, Jason Bradley Kay
The Preservation of Diversity Jurisdiction for National Banks, Michelle E. O'Leary
"The Price of Inequality" and the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, Brendan A. Cappiello
The Proposed Regulatory Changes to Fannie Mae and Freddie Mac: An Analysis, Jason T. Strickland
The Retirement CD and Recent OCC Action Regarding Banks-in-Insurance, John Jaye
The Riegle-Neal Amendments Act of 1997: The Impact of Interstate Branching on the Dual Banking System, Hayley M. Brady and Mark V. Purpura
The Right Way to Regulate from Behind, Frank Partnoy
The Rise of Southern Banking and the Disparities among the States following the Southeastern Regional Banking Compact, Thomas D. Hills
The Role of Laypersons in the Closing of Residential Real Estate Transactions: North Carolina's New Approach, Janet Kennedy Dawson
The Role of Outside Counsel in the Creation of Economic Value, Joseph A. Smith Jr.
The Search for Clarity in the Accounting for Loan-Loss Reserves: Earnings Management vs. Safety and Soundness, Jonathan C. Windham
The SEC Can No Longer Regulate from Behind, Stanley Sporkin
The Spectrum Plus Case: Fixed or Floating Charges over Book Debts in England, Lauren Pogue
The Student Debt Crisis: A Synthesized Solution for the Next Potential Bubble, Jessica L. Gregory
The Subprime Morass: Past, Present, and Future, Kenneth C. Johnston, James B. Greer, Julie K. Biermacher, and Joseph Hummel
The Swaps Push-Out Rule: An Impact Assessment, Christopher T. Fowler
The Termination of Joint Ventures: How Does the Dance End, Jeffrey B. Kaufmann and Hugh M. O'Neill
The Victim's Fortune: The Struggle for Restitution for Holocaust Victims, Garrett Perdue
The Volcker Rule's Unintended Consequences, Ryan K. Brissette
Third Circuit's Decision in Roberts v. Fleet Bank: Thinking outside of the Schummer Box or Consumerism Gone Berserk, John A. Marold
Title, North Carolina Banking Institute
Title Page, North Carolina Banking Institute
Title Page, North Carolina Banking Institute
Title Page, North Carolina Banking Institute
Title Page, North Carolina Banking Institute
Title Page, North Carolina Banking Institute
Title Page, North Carolina Banking Institute
Title Page, North Carolina Banking Institute
Title Page, North Carolina Banking Institute
Title Page, North Carolina Banking Institute
Title Page, North Carolina Banking Institute
Tying: Enhancing Competition through the Bank Holding Company, David R. Kinman
UBS Strikes a Deal: The Recent Impact of Weakened Bank Secrecy on Swiss Banking, Carolyn B. Lovejoy
Understanding the Issues Raised by Financial Modernization, J. Virgil Mattingly and Keiran J. Fallon
Unexpired Leases under the New Bankruptcy Act: A Win-Win for Landlords and Lenders, Jordan M. Kirby
United States v. Albank, FSB: Is Justice Being Served in the Enforcement of Fair Lending Laws, John J. Spina
United States v. Winstar: Renewed Government Liability Arising from the Savings and Loan Crisis, Richard Wei
Universal Charter Options: Providing a Competitive Advantage for State Financial Institutions, Katherine E. Howell-Best
U.S. Adoption of Basel II and the Basel II Securitization Framework, Robert F. Hugi, Jason H.P. Kravitt, and Carol A. Hitselberger
Valuables in Your Mailbox - How the Concept of Value in Cole v. U.S. Capital, Inc. Enhances the FCRA's Guidelines concerning Creditor Marketing, April B. Chang
Wachovia Bank, N.A. v. Burke: Preemption of State Law with Respect to National Bank Operations Subsidiaries, Russell J. Andrew
Waiving the Attorney-Client Privilege Goodbye: The Erosion of the Privilege by Federal Financial Regulatory Agencies, Priscilla L. Walton
Wall Street Meets Main Street: Understanding the Financial Crisis, Eamonn K. Moran
Wal-Mart's Industrial Loan Company: The Risk to Community Banks, Kevin K. Nolan
Warning Signs from Increases in Non-Performing Loans, John Murchison
What Do You Mean I'm a Lobbyist: New Government Contractor Restrictions and What They Will Mean for Banking Institutions, Paula L. Hopper and Robert G. Hensley Jr.
What Happens in London, Stays in London: The Long and Strong Arms of Dodd-Frank's Extraterritorial Provisions, Varen R. Moore
What Will It Take for Bank Insurance to Succeed in the United States, Michael D. White
Whither Wachovia - Wells Fargo Wins the Battle for the Storied North Carolina Banking Institution, Frank A. Hirsch Jr. and Joseph S. Dowdy
Why the CFPB Should Reconsider Dodd-Frank's Prohibition on Yield Spread Premiums, Nicole M. Olvera
Willie Sutton Is on the Internet: Bank Security Strategy in a Shared Risk Environment, Eugene M. Katz and Theodore F. Claypoole
Will North Carolina's Predatory Home Lending Act Protect Borrowers from the Vulnerability Caused by the Inadequacy of Federal Law, Richard R. Daugherty
Will Regulators Burst the Prepaid Bubble, Steven Ritchie
Will That Be Cash, Credit, or E-money, Heather C. Alston
Yield Spread Premiums for Mortgage Brokers: Culpepper v. Irwin Mortgage Corporation and the 2001 HUD Policy Statement, Lisa Morgan