Fordham Journal of Corporate & Financial Law

http://ir.lawnet.fordham.edu/jcfl/

List of Papers (Total 376)

The Consumer Financial Protection Bureau: A Novel Agency Design With Familiar Issues

This Note examines the structure of the Consumer Financial Protection Bureau, with a specific focus on its single-director structure. The balance of authority between agencies and the three branches of government has been a point of contention for generations, especially since the early twentieth century. This area of the law became even more contested following the financial...

List Voting’s Travels: The Importance Of Being Independent In The Boardroom

The life of the law, especially with regard to corporations, is strongly influenced by experience and practice. The board, a living element of corporate law, is therefore one of the most noteworthy aspects to be studied, given its relevant implications and role as the lifeblood of scholarly debates. This Article offers a novel contribution to the assessment of list voting, a...

Small Business Fintech Lending: The Need for Comprehensive Regulation

The 28.7 million small businesses in the United States—99% of all American businesses—are the backbone of the American economy. Historically, small businesses relied on community banks for their credit needs. Over the last decade, however, small businesses increasingly have turned to “fintech” lenders—nonbank lenders that are largely unregulated. Nonbank consumer lending is...

Security for Expense Statutes: Easing Shareholder Hopelessness?

The quintessential derivative suit is a suit by a shareholder to force the corporation to sue a manager for fraud, which is admittedly an awkward and likely unpleasant endeavor and, according to the Supreme Court, a “remedy born of stockholder helplessness.” Where ownership and control of an enterprise are vested in the same population, the need for a corrective mechanism like a...