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60(2): 439 - 469 (February 2005)
This Article argues that the business judgment rule – a cornerstone concept in corporate law – does not and should not be extended to corporate officers in the same manner in which it is applied to directors. The argument proceeds along both descriptive and normative lines.
60(2): 471 - 506 (February 2005)
This Article seeks to describe MLPs and MLP governance and to highlight the unique qualities of MLPs in today’s marketplace. Part II of this Article describes MLPs generally – their structure, their special tax characteristics, their investor base, their typical asset packages, and the current size and structure of the MLP security market; Part III describes the legal and contractual frameworks within which MLPs are governed; and Part IV discusses potential changes or refinements in MLP governance.
Demystifying Causation in Fraud-on-the-Market Actions
60(2): 533 - 548 (February 2005)
Part I of this Article will examine the practical implications of Broudo’s approach to causation. Part II then turns to Broudo’s implications for securities class actions and shareholder welfare. Part III will turn to doctrinal and statutory issues.
60(2): 549 - 575 (February 2005)
The author takes a closer look at deepening insolvency theory as an economic proposition.
60(2): 577 - 610 (February 2005)
This Article neither analyzes the efficacy of the current prima facie framework for disability discrimination cases nor judges the moral or philosophical decision to define disability as “a physical or mental impairment that substantially limits one or more major life activities.” Rather, this Article analyzes the concept of work as a major life activity, accepting the statutory definition of disability and the current prima facie framework as foundational and unlikely to change in the near future.
60(2): 611 - 617 (February 2005)
Again this year, the Annual Survey addresses important developments in consumer financial services law. Last year’s Annual Survey identified as one of the two most significant trends in this area of law “dramatically increased tension between state and federal regulators over their respective roles in regulating” the area. This tension, which also encompasses state and federal legislatures and, increasingly, the courts, intensified in 2004. This Introduction briefly examines how disputes between state and federal regulators and legislatures over the proper scope of federal preemption are being resolved and the implications of such resolution for the future of consumer financial services regulation.
Truth in Lending 2004
Recent Developments in Fair Lending and the ECOA: A Look at Housing Finance and Motor Vehicle Dealer Participation
2004 Developments in Motor Vehicle Leasing
New Frontiers in Automotive Sale and Finance Products
Predatory Lending Legislation in 2004
Developments in Credit Card Practices and Related Actions by the OCC to Protect Consumers
Update on Federal Preemption and State Mortgage Lending Laws
60(2): 713 - 722 (February 2005)
This Article will provide an overview of recent federal and state legislation and regulation affecting privacy compliance.
Consumer Privacy Litigation and Enforcement Actions
60(2): 737 - 747 (February 2005)
On December 4, 2003, President George W. Bush signed into law the FACT Act which amends the federal FCRA. Although the primary impetus for the FACT Act was to make permanent the FCRA’s preemption provisions, and thereby ensure national uniformity with respect to key credit related laws, the FACT Act also imposes significant new obligations on financial institutions, retailers, consumer reporting agencies, and other participants in the credit reporting process.
60(2): 749 - 755 (February 2005)
In 2004, there were a number of federal and state law developments regarding the requirements that apply to businesses that solicit consumers for products and services through telemarketing. This Article summarizes some of the key developments in this area. This Article also provides an update regarding the significant developments in telemarketing discusses in prior survey articles.
Developments in Cyberbanking
Consensus or Conflict? Most (But Not All) Courts Enforce Express Class Action Waivers in Consumer Arbitration Agreements
Current Issues in Consumer Arbitration
60(2): 797 - 811 (February 2005)
This Article first addresses class-wide settlements and the scrutiny and focus increasingly involved in settlement approval. The Article next discusses individual settlements with class representatives. Finally, this Article provides an update on several other developments involving class actions generally, with a focus on specific implications for consumer finance cases.
60(2): 813 - 821 (February 2005)
This year’s Survey reviews the decisions under the FDCPA from the U.S. Courts of Appeals for 2004. Many of the 2004 cases deal with perennial problems created by the Act’s validation of debts section, which requires affirmative action by the debt collector. Complicating compliance with these technical requirements is that a debt collector’s failure to comply with the validation of debt requirements, or the failure to adequately convey the content of those requirements to the debtor, routinely leads to other alleged violations.
Consumer Bankruptcy Developments
Consumer Financial Services Survey - February 2005
Annual Survey of Judicial Developments Pertaining to Mergers and Acquisitions