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Carolina Law Scholarship Repository

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    Content Posted in 2015

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    401(k) Debit Card: Valuable Asset or Another Way to Deplete Retirement Accounts, Andrew O. Furuseth

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    Ability to Repay: Mortgage Lending Standards after Dodd-Frank, Zachary B. Marquand

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    A Case Study of the Challenge of Designing Effective Electronic Consumer Credit Disclosures: The Interim Rule for the Truth in Lending Act, Margot Saunders

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    Accounting Consolidation versus Capital Calculation: The Conflict over Asset-Backed Commercial Paper Programs, Lee Gilliam

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    Accounting for and Disclosure of Special Purpose Entities by Financial Holding Companies: Lessons from PNC Financial Services, Joyita R. Basu

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    Achieving the American Dream: May Financial Holding Companies Engage in Real Estate Brokerage, Jabari M. Vaughn

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    A Debate Framed by Fallacies, Robert Jenkins

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    Adverse Action Notices under the FCRA: The Supreme Court Provides Guidance, Meghan F. McClure

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    After Barnett: The Intersection of National Bank Insurance Powers and State Regulation, Julie L. Williams, Stuart E. Feldstein, and Karen E. McSweeney

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    After the Dodd-Frank Indusrial Loan Company Moratorium: What's Next, V. Gerard Comizio

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    Alien to Financial Services: Should Social Security Numbers Be Required for Banking Services Provided to Immigrants, Drew K. Kifner

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    An Introduction to the Euro, Tonya D. Horton

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    An Overview of Commercial Mortgage Backed Securitization: The Devil Is in the Details, Alan Kronovet

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    An Overview of Some Rules and Principles for Delivering Consumer Disclosures Electronically, R. David Whitaker

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    Anti-Money Laundering Compliance: Only Mega Banks Need Apply, Ernest L. Simons IV

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    A Review of "The New Financial Deal" by David Skeel, Louis Massard

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    A Spirited Conversation Assessing the Risks and Benefits of Big Banks, Center for Banking and Finance

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    A Spotlight on Shadow Banking: The CFPB Finalizes Procedures to Supervise Risky Nonbanks, Dylan J. Castellino

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    Asset-Backed Commercial Paper Conduits, Michael Durrer

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    Atherton v. FDIC: The Final Word on Bank Officer and Director Liability, Stacey Taylor Kern

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    Auction-Rate Securities: A Fast &(and) Furious Fall, Sean T. Seelinger

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    Automated Injustice: How a Mechanized Dispute System Frustrates Consumers Seeking to Fix Errors in Their Credit Reports, Chi Chi Wu

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    A Wal-Mart-Owned ILC: Why Congress Should Give the Green Light, Charles Kabugo-Musoke

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    Aycock at the announcement of Martin Brinkley being named the dean of Carolina Law. (2015)

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    Aycock, center, with J. Dickson Phillips, left.

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    Aycock during his time as chancellor, 1957 - 1964.

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    Aycock, left, reunited with former classmates.

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    Aycock, seated bottom left, with fellow classmates. (1948)

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    Aycock, second from the left. (1972)

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    Aycock, speaking at a banquet.

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    Aycock, stands right side of Kennedy.

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    Aycock, top left, with other members of the Carolina Law faculty. (1953)

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    Bank Capital Requirements for Retained Interests in Securitizations, Cynthia C. Mabel

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    Bankers Beware: The Risks of Syndicated Credits, Megan Elizabeth Jones

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    Bankers Up - Professional Sports Facility Financing and Other Opportunities for Bank Involvement in Lucrative Professional Sports, Kerry M. Fraas

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    Bank Governance: An Independent Director's Perspective, John D. "Jay" Cornet

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    Bank Holding Company Trust Preferred Securities: Recent Developments, Todd H. Eveson and John F. Schramm

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    Banking on Bitcoin: Applying Anti-Money Laundering and Money Transmitter Laws, Kelsey L. Penrose

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    Banking Organizations: Structural and Other Considerations Involving Non-Banking Activities, John L. Douglas

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    Banking Regulation: Its History and Future, Jerry W. Markham

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    Bank Mergers in Concentrated Markets: The Role of Mitigating Factors, Chad F. Brown

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    Bank-Owned Life Insurance: Much More than Just Janitors Insurance, Joel W. Mann

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    Bankruptcy Reform and the Financial Crisis, Melissa B. Jacoby

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    Banks and the Year 2000 Problem, David Greaves

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    Banks are Obsolete -- and Who Cares, Edward E. Furash

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    Banktown: Assessing Blame for the Near-Collapse of Charlotte's Biggest Banks, Brian Choi

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    Bankwest v. Baker: Is It a Mayday for Payday Lenders in Rent-a-Charter Arrangements, Elizabeth Willoughby

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    BAPCPA and Commercial Credit: Who (SIC) Do You Trust, David G. Epstein

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    Board of Editors, North Carolina Banking Institute

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    Bounce Protection: Payday Lending in Sheep's Clothing, Owen B. Asplundh

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    Brazil and the Global Financial Crisis: An Examination of the Effect from Charlotte to Sao Paolo, Rachel V. Steinwender

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    California: A Privacy Statute Meets the GLBA & (and) FCRA, Jason Shroff

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    Can Credit Union Member Business Loans Meet the Need for More Credit to Small Businesses, Katherine E. Howell-Best

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    Can't Get Money for Nothing: An Analysis of ATM Surcharge Ban Demand, Ginger Ann Bagley

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    Capital Requirements for Merchant Banking, Ashley D. Fluhme

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    Check Clearing for the 21st Century Act: The Impact on Consumers, Andrea McGlinn

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    Checking in and Cashing Out: Cashier's Check Fraud, Depository Liability and Proposed Solutions, Alex Y. Lieberman

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    Chinese Banks' Reemergence in the United States, John D. Fitspatrick

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    Circling the Wagons: Has the Scope of the Duties of Bank Directors Faced with Bids for Acquisition Expanded, Todd Hammond Eveson

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    Citizens South: Innovative Use of TARP Funds Creates Value for Customers, Community, and the Bank, Patrick D. Craig

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    College Cost Reduction and Access Act: A Good Step, but Only a Step, Travis L. Packer

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    Community Reinvestment Act and Its Impact on Bank Mergers, Joseph Moore

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    Comparative Analysis of Stress Testing in the United States and Europe, Alexander Abramovich

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    Computerized Credit Scoring's Effect on the Lending Industry, Kenneth G. Gunter

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    Confidentiality of Communications by In-House Counsel for Financial Institutions, Janet J. Higley, Robert C. Jones Jr., and Peter C. Buck

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    Contents, North Carolina Banking Institute

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    Corporate Law Constraints on Political Spending, James Kwak

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    Credit Card Reform Goes to College, Regina L. Hinson

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    Creditor Certainty and Consumer Protection: Complaints as Initial Communications under the Fair Debt Collection Practices Act, Brian Koontz

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    Credit Union Conversions: Charter Choices and Controversy, Michael W. Briggs

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    Credit Unions: Who Should Be Able to Serve the Underserved, Jeremy D. Franklin

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    Cuomo v. Clearing House Association: The Latest Chapter in the OCC's Pursuit of Chevron Deference, Ramyn Atri

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    Cyberbanking: Legal and Regulatory Considerations for Banking Organizations, John L. Douglas

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    Data Security and Data Breach Notification for Financial Institutions, Sean C. Honeywill

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    Debit Card Interchange Fees and the Durbin Amendment's Small Bank Exemption, M. Pierce Sandwith

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    Deferred Prosecution Agreements: Too Big to Jail and the Potential of Judicial Oversight Combined with Congressional Legislation, Ellis W. Martin

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    Deposit Accounts under the New World Order, Ingrid Michelsen Hillinger, David Line Batty, and Richard K. Brown

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    Designing Countercyclical Capital Buffers, Brett H. McDonnell

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    Discussion Draft of the Proposed North Carolina Bar Association Illustrative Form of Legal Opinion for Uniform Commercial Code Secured Lending Transactions, David L. Batty

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    Dodd-Frank Regulatory Innovation, and the Safety of Consumer Financial Products, Melissa B. Jacoby

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    Dodd-Frank's Requirement of Skin in the game for Asset-Backed Securities May Scalp Corporate Loan Liquidity, David Line Batty

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    Does Federal Law Preempt State or Local Laws That Ban ATM Surcharges, Melanie Elizabeth Doule

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    Does the Term Bank Broker-Dealer Still Have Meaning, Alan E. Sorcher and Satish M. Kini

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    Domestic Bank Regulation in a Global Environment - A Comparative Dialogue, Lissa Broome, Michael Helfer, Cyrus Amir-Mokri, and Chris Brummer

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    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

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    Dueling Dollars: The Story of Sacagawea's Journey, Richard R. Holley III

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    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

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    Easing the Burden on Mobile Payments: Resolving Current Deficiencies in Money Transmitter Regulation, M. MacRae Robinson

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    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

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    Electronic Banking: Security, Privacy, and CRA Compliance, Kimbrelly Kegler

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    Enforcing the Community Reinvestment Act: The Courthouse Doors Are Closed, Lara L. Spencer

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    Equator Principles III: A Hard Look at Soft Law, Joshua A. Lance

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    Equity Investment in Chinese Banks: A Doorway into China's Banking Sector, Jack E. Jirak

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    E-Sign versus State Electronic Signature Laws: The Electronic Statutory Battleground, Adam R. Smart

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    E-Sign: Will the New Law Increase Internet Security Allowing Online Mortgage Lending to Become Routine, Carrie A. O'Brien

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    Establishing Appropriate Liability under the Fair and Accurate Credit Transactions Act, Mignon M. Arrington

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    Executive Compensation and Risk: TARP Rules for Financial Institutions Trigger Broader Risk Assessment of Compensation Policies, Michael S. Melbinger

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    Expansion and Innovation Predominant Themes among North Carolina Financial Institutions in 1998, Lara L. Spencer

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    Explaining and Curbing Capture, Rachel E. Barkow

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    Extraordinary Government Intervention to Bolster Bank Balance Sheets, Lissa L. Broome

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    Eyeing the Future: Surviving the Criticisms of Biometric Authentication, Robyn Moo-Young

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    Falling on Deaf Ears: The FSOC's Evidentiary Hearings Provides Little Opportunity to Challenge a Nonbank SIFI Designation, William M. Butler

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    Federal Banking Agencies' Guidance on Subprime Lending: Regulation with a Divided Mind, Joseph A. Smith Jr.

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    Federal Preemption and the Challenge to Maintain Balance in the Dual Banking System, Robert C. Eager and C. F. Muckenfuss III

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    Federal Usury Law for Service Members: The Talent-Nelson Amendment, Patrick M. Aul

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    Feeling the Stones: Measuring the Potential of Deposit Insurance in China through a Comparative Analysis, Daniel L. McCullough

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    Fighting Yesterday's Battles: Proposed Changes to the Consumer Financial Protection Bureau, Alec C. Covington

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    Filling a Regulatory Gap: It is Time to Regulate Over-the-Counter Derivatives, Thomas Lee Hazen

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    Financial and Bank Holding Company Issuance of Trust Preferred Securities, Todd H. Eveson

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    Financial Innovation and Flexible Regulation: Destabilizing the Regulatory State, Cristie Ford

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    Financialization: Causes, Inequality Consequences, and Policy Implications, Donald Tomaskovic-Devey and Ken-Hou Lin

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    Financial Literacy, Regulation and Consumer Welfare, Joseph A. Smith Jr.

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    Financial Regulation Reform: Politics, Implementation and Alternatives, Anat R. Admati

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    Financial Services Privacy at the Start of the 21st Century: A Conceptual Perspective, Charles M. Horn

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    Finding Middle Ground in the Preemption War between States and Federal Financial Institutions: The Practical Limitations on State Farm Bank, F.S.B. v. Reardon, Emma J. Hodson

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    First Pacific Bancorp, Inc. v. Helfer: A Case for an Implied Private Cause of Action, Nathan Fess

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    First Union v. SunTrust Banks: The Fight for Wachovia and Its Impact on North Carolina Corporate Law, Lijun K. Yang

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    Fixing Payday Lending: The Potential of Greater Bank Involvement, Michael Bertics

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    Foreword, North Carolina Banking Institute

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    Foreword, North Carolina Banking Institute

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    Foreword, North Carolina Banking Institute

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    Foreword, North Carolina Banking Institute

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    Foreword, North Carolina Banking Institute

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    Foreword, Lissa L. Broome

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    Foreword, North Carolina Banking Institute

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    Foreword, Daniel K. Tracey and Lissa L. Broome

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    Foreword, Sarah A. Core and Lissa L. Broome

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    Foreword, Sarah A. Core and Lissa L. Broome

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    Free Markets and Government Regulation: The Competing Views of Thomas Woods and George Cooper, David Shay Corbett II

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    From Checks to Cash: The Regulation of the Payday Lending Industry, Scott Andrew Schaaf

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    Full Disclosure: How Should Lenders Respond to the Heightened Reporting Requirements of the Home Mortgage Disclosure Act, Henry M. Jay

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    Functional Regulation of Bank Insurance Activities: The Time Has Come, Linda Birkin Tigges

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    Geographic Markets in Bank Mergers: A Potpourri of Issues, Michael A. Greenspan

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    Gotterdammerung, Lawrence G. Baxter

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    Government Sponsored Enterprises: A Discussion of the Federal Subsidy of Fannie Mae and Freddie Mac, Bradley K. Krehely

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    Gramm-Leach-Bliley Act and State Regulation of the Business of Insurance-Past, Present and . . . Future, Scott A. Sinder

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    Growth of Internet-only Banks: Brick and Mortar Branches Are Feeling the Byte, Christian N. Watson

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    Headwinds Confronting the SEC, James D. Cox

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    Hedge Fund Regulation: Investors are Knocking at the Door, but Can the SEC Clean House before Everyone Rushes In, Joseph Hellrung

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    HIPAA: Demystifying the Implications for Financial Institutions, Jessica M. Lewis

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    Home Mortgage Lending: Past, Present, and Future, Joseph A. Smith Jr.

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    How Banks Can Benefit from Partnership with Community Development Financial Institutions: The Bank Enterprise Awards Program, Calvin Cunningham

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    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

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    Identity Theft and the Case for a National Credit Report Freeze Law, Kristan T. Cheng

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    Identity Theft: Prevention and Liability, Kristen S. Provenza

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    If You Can't Beat Them, Join Them: Dara Aggregators and Financial Institutions, Kimberly L. Wierzel

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    Impact of Statement of Financial Accounting Standards 133 on the Banking Industry, Mark O. Henry

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    Income Inequality: Panel on Financialization, Economic Opportunity, and the Future of American Democracy, Timothy Noah

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    Increased Bank Liability for Online Fraud: The Effect of Patco Construction Co. v. People's United Bank, Robert K. Burrow

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    Increased Federal Deposit Insurance Coverage: At What Cost, Nancy J. Coppola

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    Individual Development Accounts in North Carolina, Susan A. Williams

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    In Remembrance: Donald F. Clifford, Jr., Lissa L. Broome

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    In Remembrance: Donald F. Clifford, Jr., Lissa L. Broome

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    In Re Yellowstone Mountain Club: Equitable Subordination to Police Inequitable Conduct by Non-Insider Creditors, Marina Montes

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    International Regulatory Arbitrage Resulting from Dodd-Frank Derivatives Regulation, Benjamin M. Weadon

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    Internet Gambling and the Banking Industry: An Unsure Bet, Jon Patterson

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    In the Name of Parity: An Analysis of the FDIC's Proposed Rulemaking to Preempt Certain State Banking Laws, E. Lang Hunter

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    Intrabank Conflicts of Interest, Peter C. Buck and Krista R. Bowen

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    Introduction, David P. Broughton

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    Introduction, North Carolina Banking Institute

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    Investment Banking Conflicts: Reserach Analysts and IPO Allocations, Phillip Ballard Kennedy

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    Islamic Finance: A Growing Industry in the United States, Kimberly J. Tacy

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    Joint Accounts, Setoff, and Distribution of Marital Property in North Carolina, Nancy Ray

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    Keeping Secured Lending Secure: The Limited Legacy of Chrysler's Section 363 Bankruptcy, Spencer C. Robinson

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    Keeping Tabs on Financial Innovation: Product Identifiers in Consumer Financial Regulation, Daniel Carpenter and Patricia A. McCoy

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    Keynote Address: The Continuing Problem of Too Big to Fail, Simon Johnson

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    Latimore v. Citibank Federal Savings Bank: A Journey through the Labyrinth of Lending Discrimination, Erin Elisabeth Dancy

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    Leading For Growth: Assessing the Growth Impact of Umpqua Bank's "Cultural Makeover", Chase A. Tweel

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    LIBOR Left in Limbo; A Call for More Reform, Justin T. Wong

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    Living Wills: Can a Flexible Approach to Rulemaking Address Key Concerns Surrounding Dodd-Frank's Resolution Plans, Clay R. Costner

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    Loan Modifications: Turbulent Times - Troublesome Topics, J. Thomas Dunn Jr.

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    McColl's Revolution: The Triumph of the South, Frances Clement

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    Microfinance in Rural China: Government Initiatives to Encourage Participation by Foreign and Domestic Financial Institutions, J. Wyatt Kendall

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    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

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    Missed (Inter)Connections: Proposed Revisions to the Federal Reserve's Approach to Financial Stability Analysis under the Bank Holding Company Act, Christopher S. Dwight

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    Money Laundering: New Legislation and New Regulations, But Is It Enough, Bradley J-M. Runyon

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    Mounting a Judicial Challenge to President Barack Obama's Recess Appointment of Richard Cordray: The Constitutional Mandate of Standing, S. Austin King

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    National Bank Operating Subsidiaries: How Far Has the OCC Opened the Door to Nonbanking Activities, William T. McCuiston

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    National Banks in the Commercial Real Estate Market: Alarm over the OCC's Recent Expansion of National Bank's Powers May Be Premature, Rick Jackson

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    Necessity is the Mother of Innovation during the Credit Crisis, David Line Batty

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    Neder v. United States Materiality in Bank Fraud Prosecutions, John S. Slosson

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    Neil Barofsky's SIG TARP: Difficult, Rigorous, and Independent Oversight of the TARP, Samuel R. Diamant

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    New Millennium Heralds Changes in North Carolina's Financial Services Landscape, Todd Hammond Eveson

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    New Operating Standards for Section 20 Subsidiaries: The Federal Reserve Board's Prudent March toward Financial Services Modernization, R. Nicholas Rodelli

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    Nontraditional Mortgage Products: Does Guidance Effectively Inform Borrowers of Risk, Stuart M. Rigot

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    North Carolina Banking in 1997: The Year in Review, Laura Turner Beyer

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    North Carolina Community Banks: Survival Strategies for Turbulent Times, Adam R. Lewis

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    North Carolina Leads Again: Loan Servicing Amendments to the Mortgage Lending Act, Donald C. Lampe

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    North Carolina's Emergency Measures to Reduce Home Foreclosures, Carolyn E. Waldrep

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    North Carolina's Mortgage Lending Act: Licensing and Regulation of Mortgage Bankers and Brokers, Caroline V. Barbee

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    Notice Requirements: Common Themes and Differences in the Regulatory and Legislative Responses to Data Security Breaches, Satish M. Kini and James T. Shreve

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    Not So Perfect: The Disconnect between Medicare and the Uniform Commercial Code regarding Health-Care-Insurance Receivables, Kimberly Easter Zirkle

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    Now That the Floodgates Have Been Opened, Why Haven't Banks Rushed into the Certification Authority Business, Tara C. Hogan

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    OCC v. Providian National Bank: Enforcement of the FTC's Unfair and Deceptive Trade Practices Statute by the OCC, McNeill Y. Wester

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    One-Card 101: Wachovia Hits the Pit and Becomes the Partner Bank of the UNC One Card, Richard R. Holley III

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    Online Peer-to-Peer Payments: PayPal Primes the Pump, Will Banks Follow, Carl Kaminski

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    Online Transactions: Squaring the Gramm-Leach-Bliley Act Privacy Provisions with the FTC Fair Information Practice Principles, David Annecharico

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    Only Fools Rush In: Mandatory Audit Firm Rotation and the PCAOB, Sarah A. Core

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    Operational Risk in Bashel II, Michael E. Blieier

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    Organizational Diversity and Regulatory Strategy in Financial Markets: Possibilities for Upgrading and Reform, Marc Schneiberg

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    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

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    Other People's Money: How a Time-Gap in Credit Reporting May Lead to Fraud, J. Alex Heroy

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    Overdraft Protection Programs: Consumers Still in the Dark under Regulation DD, Carolyn M. Gillikin

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    Overview of the Gramm-Leach-Bliley Act, Paul J. Polking and Scott A. Cammarn

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    Past, Present and Future Threats to Federal Safety Net Benefits in Bank Accounts, Margot F. Saunders and Johnson M. Tyler

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    Patent Protection for New Ways to Do Business and the Effect on Financial Institutions, Jacob Razem

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    Payday Lending in North Carolina: Now You See It, Now You Don't, Scott A. Hefner

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    Payroll Cards: Would You Like Your Pay with Those Fries, Beth S. DeSimone and Carrie A. O'Brien

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    Peer-to-Peer Lending in the United States: Surviving after Dodd-Frank, Jack R. Magee

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    Political Accountability, Campaign Finance, and Regulatory Reform, Michael Waldman

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    Ponzi Schemes and Litigation Risks: What Every Financial Services Company Should Know, Kenneth C. Johnston, Kellie M. Johnson, and Joseph A. Hummel

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    Preemption and the North Carolina Predatory Lending Law, C. Bailey King Jr.

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    Preface, James B. Hunt Jr.

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    Privacy and Accuracy of Personal Information, L. Richard Fischer

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    Privacy Rights v. Anti-Money Laundering Enforcement, Robert S. Pasley

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    Private Equity Investment in Failed Banks: Appropriate Investors Welcome, Frank Righeimer Martin

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    Private Equity Investment in Financial Institutions and How to Avoid Becoming a Bank Holding Company, Ravi R. Desai

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    Problems with Potential Application of Selected Provisions of the Sarbanes-Oxley Act of 2002 to Small, Non-Public Banking Organizations, Jonathan A. Treadway

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    Proffering the Right Evidence: Proving Loss Causation and Damages under SEC Rule 10b-5, S. Austin King

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    Proposed Revisions to Regulation Y, John L. Douglas

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    Protecting Consumers from Consumer Credit Counseling, John Hurst

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    Randolph v. Green Tree Financial Corp.: Are Consumer Arbitration Agreements That Are Silent as to the Apportionment of Arbitral Expenses Enforceable, Matthew C. Bouchard

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    Rating Agency Reform: Presenting the Registered Market for Asset-Backed Securities, Benjamin H. Brownlow

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    Recent Changes to the Community Reinvestment Act and Their Impact on Community Banks and Rural Economies, Camden C. Betz

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    Recent Developments in Bank Secrecy Act Enforcement, Robert S. Pasley

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    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

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    Reforming America's Mortgage Market: What Comes after Fannie Mae and Freddie Mac, Reginald T. O'Shields

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    Regulation of Microfinance in the United States: Following a Peruvian Model, Matthew A. Pierce

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    Regulation R: The Beginning of the End or the End of the Beginning of Bank Securities Brokerage Activities, Jerome J. Roche and Babback Sabahi

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    Regulatory Capture: Why It Occurs, How to Minimize It, Gerard Jr. Caprio

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    Regulatory Guidance on Concentrations in Commercial Real Estate Lending, H. Gary Pannell and Robert L. Carothers Jr.

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    Regulatory Reform in the U.K., Michael W. Taylor

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    Replacing Paper Writings with Electronic Records in Consumer Transactions: Purposes, Pitfalls and Principles, Jean Braucher

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    Retail Delivery of Financial Services after the Gramm-Leach-Bliley Act: How Will Public Policy Shape the Financial Services Supermarket, Joseph A. Smith Jr.

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    Retirement Savings in the Face of Increasing Longevity: The Advantages of Deferring Retirement, Chase A. Tweel

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    Reverse Mortgages: Changes Brought about by the Housing and Economic Recovery Act, Annie E. Nelson

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    Revised Article 9 of the UCC: Scope, Perfection, Priorities, and Default, Barkley Clark

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    Riegle-Neal's 10% Nationwide Deposit Cap: Arbitrary and Unnecessary, Cybil White

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    Risky Business: Lending to Health Maintenance Organizations and Physician Practice Management Companies, Debra S. Wood

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    Savings for the Poor: The Hidden Benefits of Electronic Banking: A Review and Response, Joseph A. Smith Jr.

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    S Banks: Should Banks Convert to S Corporations, Michael Duane Jones

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    Scaling the Great Wall: An Analysis of Foreign Banks' Entry into China, Carol G. Liu

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    Scanning Legislative Efforts: Current RFID Legislation Suffers from Misguided Fears, Kristina M. Willingham

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    Secrets Hurt: How SWIFT Shook up Congress, the European Union, and the U.S. Banking Industry, Jeremy S. Shrader

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    Section 1044 of Dodd-Frank: When Will State Laws Be Preempted under the OCC's Revised Regulations, Danyeale I. Hensley

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    Section 20 Affiliates of Bank Holding Companies, H. Rodgin Cohen

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    Section 307 of the Sarbanes-Oxley Act: Eroding the Legal Profession's System of Self-Governance, Stephanie R.E. Patterson

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    Selected Legal Issues Affecting Securitization, Michael S. Gambro and Scott Leichtner

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    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

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    Should the IRS Continue to Deny Banks the Benefits of the LLC Structure, T. Scott Kummer

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    Silence Isn't Golden: The CFPB's Privilege Rule and the Risk of Failure under Chevron Step One, Jacob M. Gerber

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    Silent Second Liens - Will Bankruptcy Courts Keep the Peace, David Line Batty and Jo Ann J. Brighton

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    Small Businesses and Identity Theft: Reallocating the Risk of Loss, Penelope N. Lazarou

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    Small Business Real Estate Financing: Why Small Businesses and Banks Should Utilize SBA 504 Loans, Graham S. Miller

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    Smiley v. Citibank (South Dakota), N. A.: Banks Find Interest in Credit Card Late Payment Fees, Karen Mower

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    State Farm Insurance: The Unitary Thrift Holding Company Model for Integrated Financial Services, Ryan Melcher

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    State Usury Laws: Are They Effective in a Post-GLBA World, Amanda Katherine Hill Sadie

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    State v. National Banks: The Battle over Examination Fees, Connie Edwards Josey

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    Stock Broker Fiduciary Duties and the Impact of the Dodd-Frank Act, Thomas Lee Hazen

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    Stored Value Cards: Should We Know the Holder, John T. Albers

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    Strategic Alliances: Why, How, and What to Watch for, David E. Brown Jr., Kathryn M. Cole, and Joseph A. Smith Jr.

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    Stripping off Market Accountability: Housing Policy Perspectives on the Crises in the Financial System, Charles E. Daye

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    Survival of the Federal Common Law D'Oench Doctrine, Robert B. Markworth

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    Sweeping Away the Cobwebs: North Carolina's Banking Law Modernization Act, E. Knox Proctor and Todd H. Eveson

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Table of Contents, North Carolina Banking Institute

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    Technology & Banking, John L. Douglas

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    Tentative Steps toward Financial Privacy, David W. Roderer

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    Terrorism Insurance and Commerical Real Estate: The New Frontier, Alison R. Orlans

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    The 21st Century CRA: How Internet Banks Are Causing Regulators to Rethink the Community Reinvestment Act, William M. Keyser

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    The AIG Bailout: Constraining the Fed's Discretion, Andrew P. Atkins

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    The Alternative Investment Fund Managers Directive: The European Union Gives Private Equity Fund Managers the Social Market Economy Treatment, Tom C. Hodge

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    The Availability of Statutory Damages under TILA to Remedy the Sharp Practice of Payday Lenders, Thomas A. Wilson

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    The Beginning of the End: The Demise of Bank Partnerships with Payday Lenders, Tasha L. Winebarger

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    The CFPB Indirectly Regulated Lending through Auto Dealers, Kim B. Perez

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    The Citigroup and J.P. Morgan Chase Enron Settlements: The Impact on the Financial Industry, Vaughn K. Reynolds

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    The Community Reinvestment Act: A Boost to Low- and Moderate-Income Communities, a Set-Back for Minority-Owned Banks, Laura Turner Beyer

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    The Community Reinvestment Act & Credit Unions, C. Blythe Clifford

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    The Consequences of Expiring Commercial Shared-Loss Agreements, Robert C. Martin

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    The Consumer Credit Reporting Reform Act: Information Sharing and Preemption, Joseph L. Seidel

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    The Consumer Financial Protection Bureau and Class Action Waivers after AT&T v. Concepcion, Laetitia L. Cheltenham

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    The Consumer Response to Privacy Provisions in Gramm-Leach-Bliley: Much Ado about Nothing, Eric Poggemiller

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    The Cooperative Structure of the Federal Home Loan Banks: A Model for Government Sponsored Enterprises, Jill Spencer, Julia Brown, and Reggie O'Shields

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    The Credit CARD Act of 2009: An Effective but Incomplete Solution Evidencing the Need for a Federal Regulator, Jaclyn Rodriguez

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    The Credit Card Market and Regulation: In Need of Repair, Carolyn Carter, Elizabeth Renuart, Margot Saunders, and Chi Chi Wu

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    The Curse of History: Good Bank Brands Make Bad Bank Trademarks, John M. Conley and Jayne C. Hunter

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    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

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    The Decline and Fall of IndyMac How Deteriorating Economic Conditions, Inadequate Responses to those Conditions, and the Senior Senator from New York Caused One of the Largest Bank Failures in United States History, Jason Moran-Bates

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    The Dodd-Frank Act: A New Deal for a New Age, Saule T. Omarova

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    The Dodd-Frank Act: Tarp Bailout Backlash and Too Big To Fail, Lissa Lamkin Broome

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    The Durbin Amendment's Interchange Fee and Network Non-Exclusivity Provisions: Did the Federal Reserve Board Overstep Its Boundaries, Kathleen A. McConnell

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    The Effects of an Undefined Ultimate Authority Standard for Rule 10b-5 Claims: Janus Capital Group, Inc. v. First Derivative Trader, Bryan P. King

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    The Emerging U.S. Market for Covered Bonds, Miller Jefferson

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    The Entrance of Banks into Subprime Lending: First Union and the Money Store, Evan M. Gilreath

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    The Evolution of a Suitability Standard in the Mortgage Lending Industry: The Subprime Meltdown Fuels the Fires of Change, Frank A. Hirsch Jr.

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    The Evolution of the Common Bond in Occupational Credit Unions: How Close Must the Tie That Binds Be, Amanda Masset

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    The Exception That Ate the Rule: Why QRM Should Not Equal QM, Jeffrey R. Favitta

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    The Exploitation of Bank Charges and Undermining of Consumer Protection: Exploring the Realms of High-to-Low Check Posting, Willie E. Spruill II

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    The Failed NYSE Euronext-Deutsche Borse Group Merger: Foreshadowing Future Consolidation of the Global Stock Exchange Market, Christina D. Cress

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    The FDIC's Special Assessment: Basing Deposit Insurance on Assets Instead of Deposits, Peter S. Kim

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    The Federal Reserve's Catch-22: A Legal Analysis of the Federal Reserve's Emergency Powers, Thomas O. Porter II

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    The Federal Reserve's Proposed Interpretation Regarding the Anti-Tying Restrictions of Section 106 of the Bank Holding Company Act Amendments of 1970, Richard K. Kim

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    The First One Hundred Years of Banking in North Carolina, Lissa Lamkin Broome

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    The Future of Nonbank Depository Financial Institutions, C. Dawn Causey

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    The Ghosts of Wall Street: A Book Note on the Last Partnerships by Charles Geisst, W. Winborne Boyles

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    The Great Turf War of the New Millennium: Can Banks Engage in Real Estate Brokerage and Management Activities, Harrison K. Bishop

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    The Impact of Dodd-Frank on End-Users Hedging Commercial Risk in Over-the-Country Derivatives Markets, Laurin C. Ariail

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    The Impact of Technology on Banking: The Effect and Implications of Deconstruction of Banking Functions, Julie L. Williams and James F. Gillespie E.

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    The Increase in Predatory Lending and Appropriate Remedial Actions, Margot Saunders

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    The Legal Giants that Propelled North Corolina Banks to National Prominence: Paul J. Polking, Marion A. Cowell, and Jerone C. Herring, Lissa L. Broome

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    The LIBOR Scandal and Litigation: How the Manipulation of LIBOR Could Invalidate Financial Contracts, C. Cowden W. Rayburn

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    The Missing Lending Link: Why a Federal Loan Guarantee Program is Critical to the Continued Growth of the Solar Power Industry, Daniel K. Tracey

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    The National Association of Securities Dealers' Arbitration of Investor Claims against Its Brokers: Taming the Fox that Guards the Henhouse, Paul Joseph Foley

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    The New Crisis for the New Century: Some Observations on the Big-Picture Lessons of the Global Financial Crisis of 2008, Saule T. Omarova

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    The New Identity Crises: USA PATRIOT Act Customer Identification Programs and the Matricula Consular as Primary Identity Verification for Mexican Nationals, Kathryn Lee Holloman

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    The New Rule 10b-18: How the Wachovia Merger Continues to Plague the Future of the Banking Industry, James E. Langston Jr.

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    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

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    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

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    The North Carolina Banking Institute Symposium on the Foreclosure Crisis: Overview, Kathryn E. Johnson and Carolyn E. Waldrep

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    The North Carolina Banking Institute Symposium on the Foreclosure Crisis: The Right to Rent, Another Approach to Combat the Foreclosure Crisis, Daniel J. Behrend

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    The North Carolina Banking Institute Symposium on the Foreclosure Crisis: The Unintended and Unconstitutional Consequences of the Helping Families Save Their Homes Act, Leila A. Hicks

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    The North Carolina Business Court: North Carolina's Special Superior Court for Complex Business Cases, Carrie A. O'Brien

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    The Orderly Liquidation Authority: The Creditor's Perspective, Jamieson L. Hardee

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    The Post-Green Tree Evidentiary Standard for Invalidating Arbitration Clauses in Consumer Lending Contracts: How Much Justice Can You Afford, Jason Bradley Kay

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    The Preservation of Diversity Jurisdiction for National Banks, Michelle E. O'Leary

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    "The Price of Inequality" and the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, Brendan A. Cappiello

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    The Proposed Regulatory Changes to Fannie Mae and Freddie Mac: An Analysis, Jason T. Strickland

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    The Retirement CD and Recent OCC Action Regarding Banks-in-Insurance, John Jaye

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    The Riegle-Neal Amendments Act of 1997: The Impact of Interstate Branching on the Dual Banking System, Hayley M. Brady and Mark V. Purpura

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    The Right Way to Regulate from Behind, Frank Partnoy

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    The Rise of Southern Banking and the Disparities among the States following the Southeastern Regional Banking Compact, Thomas D. Hills

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    The Role of Laypersons in the Closing of Residential Real Estate Transactions: North Carolina's New Approach, Janet Kennedy Dawson

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    The Role of Outside Counsel in the Creation of Economic Value, Joseph A. Smith Jr.

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    The Search for Clarity in the Accounting for Loan-Loss Reserves: Earnings Management vs. Safety and Soundness, Jonathan C. Windham

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    The SEC Can No Longer Regulate from Behind, Stanley Sporkin

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    The Spectrum Plus Case: Fixed or Floating Charges over Book Debts in England, Lauren Pogue

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    The Student Debt Crisis: A Synthesized Solution for the Next Potential Bubble, Jessica L. Gregory

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    The Subprime Morass: Past, Present, and Future, Kenneth C. Johnston, James B. Greer, Julie K. Biermacher, and Joseph Hummel

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    The Swaps Push-Out Rule: An Impact Assessment, Christopher T. Fowler

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    The Termination of Joint Ventures: How Does the Dance End, Jeffrey B. Kaufmann and Hugh M. O'Neill

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    The Victim's Fortune: The Struggle for Restitution for Holocaust Victims, Garrett Perdue

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    The Volcker Rule's Unintended Consequences, Ryan K. Brissette

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    Third Circuit's Decision in Roberts v. Fleet Bank: Thinking outside of the Schummer Box or Consumerism Gone Berserk, John A. Marold

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    Title, North Carolina Banking Institute

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    Title Page, North Carolina Banking Institute

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    Title Page, North Carolina Banking Institute

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    Title Page, North Carolina Banking Institute

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    Title Page, North Carolina Banking Institute

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    Title Page, North Carolina Banking Institute

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    Title Page, North Carolina Banking Institute

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    Title Page, North Carolina Banking Institute

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    Title Page, North Carolina Banking Institute

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    Title Page, North Carolina Banking Institute

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    Title Page, North Carolina Banking Institute

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    Tying: Enhancing Competition through the Bank Holding Company, David R. Kinman

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    UBS Strikes a Deal: The Recent Impact of Weakened Bank Secrecy on Swiss Banking, Carolyn B. Lovejoy

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    Understanding the Issues Raised by Financial Modernization, J. Virgil Mattingly and Keiran J. Fallon

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    Unexpired Leases under the New Bankruptcy Act: A Win-Win for Landlords and Lenders, Jordan M. Kirby

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    United States v. Albank, FSB: Is Justice Being Served in the Enforcement of Fair Lending Laws, John J. Spina

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    United States v. Winstar: Renewed Government Liability Arising from the Savings and Loan Crisis, Richard Wei

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    Universal Charter Options: Providing a Competitive Advantage for State Financial Institutions, Katherine E. Howell-Best

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    U.S. Adoption of Basel II and the Basel II Securitization Framework, Robert F. Hugi, Jason H.P. Kravitt, and Carol A. Hitselberger

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    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

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    Wachovia Bank, N.A. v. Burke: Preemption of State Law with Respect to National Bank Operations Subsidiaries, Russell J. Andrew

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    Waiving the Attorney-Client Privilege Goodbye: The Erosion of the Privilege by Federal Financial Regulatory Agencies, Priscilla L. Walton

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    Wall Street Meets Main Street: Understanding the Financial Crisis, Eamonn K. Moran

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    Wal-Mart's Industrial Loan Company: The Risk to Community Banks, Kevin K. Nolan

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    Warning Signs from Increases in Non-Performing Loans, John Murchison

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    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.

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    What Happens in London, Stays in London: The Long and Strong Arms of Dodd-Frank's Extraterritorial Provisions, Varen R. Moore

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    What Will It Take for Bank Insurance to Succeed in the United States, Michael D. White

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    Whither Wachovia - Wells Fargo Wins the Battle for the Storied North Carolina Banking Institution, Frank A. Hirsch Jr. and Joseph S. Dowdy

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    Why the CFPB Should Reconsider Dodd-Frank's Prohibition on Yield Spread Premiums, Nicole M. Olvera

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    Willie Sutton Is on the Internet: Bank Security Strategy in a Shared Risk Environment, Eugene M. Katz and Theodore F. Claypoole

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    Will North Carolina's Predatory Home Lending Act Protect Borrowers from the Vulnerability Caused by the Inadequacy of Federal Law, Richard R. Daugherty

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    Will Regulators Burst the Prepaid Bubble, Steven Ritchie

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    Will That Be Cash, Credit, or E-money, Heather C. Alston

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    Yield Spread Premiums for Mortgage Brokers: Culpepper v. Irwin Mortgage Corporation and the 2001 HUD Policy Statement, Lisa Morgan

 
 
 

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