This Article summarizes the legislative history, notable provisions, and current status of the Cybersecurity Information Sharing Act (S. 754), the Protecting Cyber Networks Act (H.R. 1560), the Executive Order 13636, and the Cybersecurity Act of 2015. The Article ended with four ethical...

Law enforcement has a vested interest in catching alleged money launderers. Suspicious Activity Reports (SARs) filed by financial institutions are a useful tool in this endeavor and can potentially direct law enforcement to criminal enterprises. But SARs are just that — reports of suspicious...

The wide use of netting agreements is regarded as highly beneficial, both by financial market participants and by regulatory authorities. One might even say that some of the fundamental mechanisms used to govern modern markets (risk management, establishment of capital requirements) are...

This Note advocates that the courts should use new language in the statutory "direct effect" test of the FSIA in order to promote uniformity among the Circuit Courts and prevent confusion with the Foreign Trade Antitrust Improvements Act and the Sherman Act's "direct effect" test. Section II...

This is a case study of the Bank of America and Merrill Lynch merger. It is based on the article, Fiduciary Exemption for Public Necessity: Shareholder Profit, Public Good, and the Hobson's Choice during a National Crisis, 17 Geo. Mason L. Rev. 661 (2010). The case study analyzes the...

What is a good and effective creditor protection system? Can a creditor protection system, understood as a variety of mechanisms employed jointly or individually to protect the interests of creditors, deliver for all creditors, or are there different systems of creditor protection needed for...

A deep-seated rule in Israeli law is that the bank owes a fiduciary duty to its customers. The concept of imposing a fiduciary duty on banks is not originally an Israeli one. The Israeli courts adopted it from British law. However, from the moment that it was introduced in Israel, the courts...

This chapter considers the pre-modern common law rules on the identification of money in mixtures. It takes the decision of the Court of King's Bench in Banks v Whetson (1596) as a starting point for considering the legal structures which tended to ensure the perfect fungibility of commodity...

In 2011, the Environmental Protection Agency and Army Corps of Engineers introduced a draft version of a guidance document that purported to clarify the jurisdiction of the Clean Water Act in accordance with recent Supreme Court Cases. Shortly thereafter, it became clear that the Draft Guidance...