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Turning a Blind Eye: Why Washington Keeps Giving in to Wall Street
GW Law Faculty Publications & Other Works Faculty Scholarship 2013 Turning a Blind Eye: Why Washington Keeps Giving In to Wall Street Arthur E. Wilmarth Jr. George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Arthur E. Wilmarth, Jr., Turning a Blind Eye: Why Washington Keeps Giving In to Wall Street, 81 University of Cincinnati Law Review 1283-1446 (2013). This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. GW Law School Public Law and Legal Theory Paper No. 2013‐117 GW Legal Studies Research Paper No. 2013‐117 Turning a Blind Eye: Why Washington Keeps Giving In to Wall Street Arthur E. Wilmarth, Jr. 2013 81 U. CIN. L. REV. 1283-1446 This paper can be downloaded free of charge from the Social Science Research Network: http://ssrn.com/abstract=2327872 TURNING A BLIND EYE: WHY WASHINGTON KEEPS GIVING IN TO WALL STREET Arthur E. Wilmarth, Jr.* As the Dodd–Frank Act approaches its third anniversary in mid-2013, federal regulators have missed deadlines for more than 60% of the required implementing rules. The financial industry has undermined Dodd–Frank by lobbying regulators to delay or weaken rules, by suing to overturn completed rules, and by pushing for legislation to freeze agency budgets and repeal Dodd–Frank’s key mandates. -
Nysba Fall 2009 | Vol
NYSBA FALL 2009 | VOL. 13 | NO. 2 NY Business Law Journal A publication of the Business Law Section of the New York State Bar Association Inside HeadNotes 5 (David L. Glass) Litigation and Recoupment of Executive Compensation 8 (Stephanie L. Soondar and Allen Major) (Edited by Candace Hines) Arbitration Agreements and Bankruptcy—Which Law Trumps When? 44 (Edna Sussman, with the assistance of Osata Tonia Tongo) E-discovery “Worst Practices”: Ten Sure-Fire Ways to Mismanage a Litigation Hold 48 (Jack E. Pace III and John D. Rue) “Inside the Courts: Key Securities Cases” 54 (Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates) A Functionalist Perspective on the Effectiveness of the Gramm-Leach-Bliley Networking Exception and Its Related Regulation R Provisions 70 (Vlad Frants) New York’s New Ethics Rules: What You Don’t Know Can Hurt You! 80 (C. Evan Stewart) When Is a Foreign Corporation Doing Business in New York? 84 (Stuart B. Newman and Ari Spett) What Every Attorney Should Know About the New Durable Power of Attorney Form 87 (Anthony J. Enea) New York Employment Law Update 90 (James R. Grasso) Ethics Flu: Legal Ethics Concerns for New York- Licensed Cross-Border Transactional Attorneys 92 (Megan Burke) Committee Reports 101 From the NYSBA Book Store Business/Corporate Law and Practice AUTHORS Michele A. Santucci, Esq. Richard V. D’Alessandro, Esq. Attorney at Law Richard V. D’Alessandro Professional Niskayuna, NY Corporation Albany, NY Professor Leona Beane Professor Emeritus at Baruch Professor Ronald David Greenberg College and Attorney at Law Larchmont, NY New York, NY This monograph, organized into three parts, includes coverage of corporate and partnership law, buying and selling a small business and the tax implications of forming a corporation. -
KPCC-KPCV-KUOR Quarterly Report JAN-MAR 2012
Quarterly Programming Report Jan- Mar 2012 KPCC / KPCV / KUOR Date Key Synopsis Guest/Reporter Duration Pasadena Police Department will deploy more officers as Occupy activists plan to demonstrate at the 1/1/2012 POLI Rose Parade. CC :19 Skiers and snowboarders across the western United States face a "snow drought" this winter on some 1/1/2012 SPOR of their favorite slopes. Unknown :16 The three-year old Clean Trucks Program at the ports of Los Angeles and Long Beach moves into its 1/1/2012 TRAN final phase as the year begins. Peterson :58 1/1/2012 LAW Another dozen arson fires broke out overnight in Los Angeles and West Hollywood. CC :17 1/1/2012 ART Native American creation story and bird songs come alive in new Riverside art exhibition. Cuevas 1:33 1/1/2012 MEDI We asked KPCC listeners to look back on 2011 and ahead to 2012. CC :13 1/1/2012 DC Congressmangpyy shares a New Year's Day breakfast recipe. Felde 1:33 contract with United Teachers Los Angeles – an unprecedented agreement that Deasy called “groundbreaking work,” aimed at providing more freedom for teachers, school administrators and 1/2/12 YOUT parents top,gpggpp, manage their respective schools. John Deasy 00:31 of course. Comedy Congress has hung up its Christmas stocking and finds it full of Mitt and Newt and Barack – and it’s our holiday gift to you. Perry ups the voting age; Obama very politely asks Iran for his Alonzo Bodden, Greg 1/2/12 POLI drone back and we play the highlight reel of Cain’s self-described brain twirlings! And just as we thoughtProops, Ben Gleib 00:65 Dr. -
Developments in Banking and Financial Law: 2005
DEVELOPMENTS IN BANKING AND FINANCIAL LAW: 2005 I. BUSINESS BANKRUPTCIES........................................2 II. AIRLINE BANKRUPTCIES.........................................11 III. HEDGE FUND INDUSTRY .........................................21 IV. SARBANES-OXLEY ACT ...........................................32 V. GRAMM-LEACH-BLILEY ACT .................................42 VI. BASEL II........................................................................50 VII. DOMESTIC MERGERS & ACQUISITIONS...............71 VIII. INTERNATIONAL MERGERS & ACQUISITIONS...81 IX. NYSE MERGER AND IPO...........................................90 X. WAL-MART’S INDUSTRIAL LOAN COMPANY...101 XI. CONSUMER PRIVACY LAW ...................................109 XII. SECURITY WITH ONLINE BANKING....................118 XIII. COMBATING IDENTITY THEFT.............................127 XIV. ANTI-MONEY LAUNDERING .................................137 XV. GSE FRAUD................................................................146 XVI. DOMESTIC AND INTERNATIONAL TAXATION .155 XVII. KETRA: TAX RELIEF & HURRICANE KATRINA.166 XVIII. SECURITIES OFFERING REFORM .........................175 XIX. SOFT DOLLAR PRACTICES.....................................184 XX. INSIDER TRADING ...................................................195 XXI. ANTIFRAUD...............................................................205 XXII. FDIC.............................................................................215 XXIII. CORPORATE GOVERNANCE..................................224 2 ANNUAL REVIEW -
Reconsidering the Separation of Banking and Commerce
Reconsidering the Separation of Banking and Commerce Mehrsa Baradaran* ABSTRACT This Article examines the long-held belief that banking and commerce need to be kept separate to ensure a stable banking system. Specifically, the Article criticizes the Bank Holding Company Act (“BHCA”), which prohibits nonbanking entities from owning banks. The recent banking collapse has caused and exacerbated several problematic trends in U.S. banking, especially the conglomeration of banking entities and the homogenization of assets. The inflexible and outdated provisions of the BHCA are a major cause of these trends. Since the enactment of the BHCA, the landscape of U.S. banking has changed dramatically, but the strict separation of banking and commerce em- bodied in the BHCA does not reflect these changes. This Article argues that allowing commercial firms to own banks could lead to a more diversified and less risk-prone financial structure, and gives examples of possible changes and potential ownership structures that could reduce risks in the financial system. TABLE OF CONTENTS INTRODUCTION ................................................. 386 I. SEPARATION OF BANKING AND COMMERCE ............ 389 A. Different Meanings of “Separation of Banking and Commerce” ......................................... 390 1. The Separation of Banking and Commerce in Banking ...................................... 392 2. The Separation of Banking and Commerce in Commerce ................................... 394 B. The BHCA Does Not Fit the Current Banking Landscape ................................. 398 * Associate Professor, J. Reuben Clark Law School, Brigham Young University. I would like to thank the following people for their valuable comments on this Article: Geoffrey Miller, Erik Gerding, Christian Johnson, Renee Jones, Heidi Mandanis Schooner, Julie Hill, Troy Mc- Kenzie, Darryle Rude, George Sutton, Christopher Robertson, Lisa Grow Sun, RonNell Ander- sen Jones, Brigham Daniels, Shima Baradaran, and Jared Ruiz Bybee. -
Reconsidering the Separation of Banking and Commerce
Reconsidering the Separation of Banking and Commerce Mehrsa Baradaran* ABSTRACT This Article examines the long-held belief that banking and commerce need to be kept separate to ensure a stable banking system. Specifically, the Article criticizes the Bank Holding Company Act (“BHCA”), which prohibits nonbanking entities from owning banks. The recent banking collapse has caused and exacerbated several problematic trends in U.S. banking, especially the conglomeration of banking entities and the homogenization of assets. The inflexible and outdated provisions of the BHCA are a major cause of these trends. Since the enactment of the BHCA, the landscape of U.S. banking has changed dramatically, but the strict separation of banking and commerce em- bodied in the BHCA does not reflect these changes. This Article argues that allowing commercial firms to own banks could lead to a more diversified and less risk-prone financial structure, and gives examples of possible changes and potential ownership structures that could reduce risks in the financial system. TABLE OF CONTENTS INTRODUCTION ................................................. 386 I. SEPARATION OF BANKING AND COMMERCE ............ 389 A. Different Meanings of “Separation of Banking and Commerce” ......................................... 390 1. The Separation of Banking and Commerce in Banking ...................................... 392 2. The Separation of Banking and Commerce in Commerce ................................... 394 B. The BHCA Does Not Fit the Current Banking Landscape ................................. 398 * Associate Professor, J. Reuben Clark Law School, Brigham Young University. I would like to thank the following people for their valuable comments on this Article: Geoffrey Miller, Erik Gerding, Christian Johnson, Renee Jones, Heidi Mandanis Schooner, Julie Hill, Troy Mc- Kenzie, Darryle Rude, George Sutton, Christopher Robertson, Lisa Grow Sun, RonNell Ander- sen Jones, Brigham Daniels, Shima Baradaran, and Jared Ruiz Bybee. -
Why Washington Keeps Giving in to Wall Street Arthur E
GW Law School Public Law and Legal Theory Paper No. 2013‐117 GW Legal Studies Research Paper No. 2013‐117 Turning a Blind Eye: Why Washington Keeps Giving In to Wall Street Arthur E. Wilmarth, Jr. 2013 81 U. CIN. L. REV. 1283-1446 This paper can be downloaded free of charge from the Social Science Research Network: http://ssrn.com/abstract=2327872 TURNING A BLIND EYE: WHY WASHINGTON KEEPS GIVING IN TO WALL STREET Arthur E. Wilmarth, Jr.* As the Dodd–Frank Act approaches its third anniversary in mid-2013, federal regulators have missed deadlines for more than 60% of the required implementing rules. The financial industry has undermined Dodd–Frank by lobbying regulators to delay or weaken rules, by suing to overturn completed rules, and by pushing for legislation to freeze agency budgets and repeal Dodd–Frank’s key mandates. The financial industry did not succeed in its efforts to prevent President Obama’s re- election in 2012. Even so, the Obama Administration has continued to court Wall Street’s leaders and has not given a high priority to implementing Dodd–Frank. At first glance, Wall Street’s ability to block Dodd–Frank’s implementation seems surprising. After all, public outrage over Wall Street’s role in the global financial crisis impelled Congress to pass Dodd–Frank in 2010 despite the financial industry’s intense opposition. Moreover, scandals at systemically important financial institutions (SIFIs) have continued to tarnish Wall Street’s reputation since Dodd– Frank’s enactment. However, as the general public’s focus on the financial crisis has waned—due in large part to massive governmental support that saved Wall Street—the momentum for meaningful financial reform has faded.