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BANKING LAW & REGULATION (BUSINESS AND FINANCE LAW - 1030)
3 credits
This course provides an introduction to the rapidly-growing and constantly-changing area of banking law in the United States. The course explains the following areas: the historical background of the industry and public policy considerations, the duality of the system, bank holding companies, branching and other market entry problems, limitations on power of various banking organizations, the various regulatory systems and the agencies and their functions, controls in the monetary system, consumer protection, non-bank competition, the process of deregulation, and present conditions and problems. The course does not include a study of the Uniform Commercial Code. Grades are based upon a final examination.
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CONDOS COOPS & HOMEOWNER ASSOC (PROPERTY - 1000)
2 credits
This course examines modern forms of shelter from the viewpoint of the community, the developer, the institutional lender and the consumer. The relative advantages of each form of development, the legal problems involved in selling and re-selling individual units, and the controls that may be exercised over unit owners are examined. The economic, social and legal aspects of conversion of rental properties to cooperative or condominium status are discussed. Rights and remedies in the event of defaults by unit owners/developers are also considered. Students will work with applicable statutes, governmental regulations and documents of existing projects. Grades are based upon a research paper.
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INTERNATIONAL BANKING (BUSINESS AND FINANCE LAW - 3090)
2 credits
The course will explore the structure of and policy bases for divergent views regarding government regulation of banking institutions in Europe, with a focus on the European Union, and the United States. It also explores the nature of United States regulation of U.S. banks operating abroad and foreign banks operating in the United States. The course will examine the following topics (among others): (a) bank versus non-bank powers of financial institutions, comparing the U.S. holding company model with the European departmental and universal banking model, (b) operations across boundaries, comparing the U.S. model of state branching which is now evolving into nationwide branching with the EU model of nationwide branching which is now evolving into cross-national branching, (c) the government safety net, comparing the U.S. deposit insurance system with the deposit insurance system preceding the European Deposit Guarantee Directive and that following the Directive, (d) government supervision, comparing dual regulation (state - federal) in the United States with central regulation in most European nations, (e) international investments and activities, focusing on U.S. and foreign regulations governing operations of U.S. banks abroad, e.g. the European Union, and foreign banks in the United States, (f) the trend toward internationalization of regulatory requirements, e.g. risk based capital standards, lender of last resort responsibility, and universal banking, and (g) current issues in international banking, such as bank secrecy laws and the U.S. Patriot Act. Grades are based upon a final examination.
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LEGISLATIVE ADVOCACY (ADVOCACY AND LEGAL SKILLS - 2020)
2 credits
The focus of this course is on the legislative process as a vehicle to address public needs. A significant current problem is assigned for the formulation of state or federal legislative proposals. Students research and analyze the scope and nature of the problem, the current legislative response, as well as common law protections, and the deficiencies in existing law. Students then draft a bill eliminating some of the deficiencies in existing law. A legislative memorandum is prepared by each student. This will be prepared in segments over the course of the semester. The legislative memorandum which is being prepared by each student will be similar in length to a research paper. Grades are based upon students' drafts of segments of the legislative memorandum and the final, revised legislative memorandum.
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PROPERTY (PROPERTY - 1080)
4 credits
This course analyzes the various types of property interests, real and personal, recognized under U.S. law, the rights and obligations of holders of property interests, and the legal bases and public policies that lead to recognition of property interests, rights and liabilities. The course may include a discussion of property rights based on possession, including adverse possession, labor, gift and purchase, as well as estates in land, concurrent interests, landlord-tenant law, and land use regulations. Grades are based upon a final examination.
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REAL ESTATE TRANSACTIONS (PROPERTY - 1090)
2 credits
Open only to students who have not taken Property I and II and/or Real Estate Transactions-Advanced. This course examines the fundamental legal and business building blocks of real estate transactions. Topics include the role of the lawyer, broker participation and responsibilities, the contract of sale and remedies for breach, deeds and closing, the title system, mortgages and foreclosure. This course provides a foundation for other advanced real estate courses. Grades are based upon a final examination.