University of Alabama School of Law Legal Studies Research Paper Series最新文献

COVID-19, Banks, and Fintechs

University of Alabama School of Law Legal Studies Research Paper Series Pub Date : 2021-02-01 DOI: 10.2139/SSRN.3777562

J. Hill

{"title":"COVID-19, Banks, and Fintechs","authors":"J. Hill","doi":"10.2139/SSRN.3777562","DOIUrl":"https://doi.org/10.2139/SSRN.3777562","url":null,"abstract":"The 2020 COVID-19 pandemic and the social distancing measures implemented to stop its spread will leave its mark on people, industries, and government policies long after the disease's health risk recede. One of the industries that has been transformed is financial services. As the pandemic spread, customers flocked to online and mobile platforms for financial services. Banks turned to fintech companies for the technology and expertise to be able to safely provide these products. Thus the pandemic hastened the adoption of technology by traditional banks and opened new partnership opportunities for non-bank fintech companies. The pandemic also reoriented financial regulators toward technology. By highlighting the risks that arise when technology does not live up to its promise, the pandemic encouraged regulators to scrutinize banks' use of technology and bank-fintech partnerships. At the same time, by highlighting the promise of technology, the pandemic encouraged regulators to use more technology in their supervision of banks. Finally, the pandemic will accelerate the transformation of some fintech companies from agile disruptors operating largely outside significant regulatory framework, to mainstream financial services companies that are regulated more like traditional banks. Policymakers will have difficult decisions about the best way to bring fintech companies within the regulatory fold. Nevertheless, the pandemic emphasized that fintech is now a critical element of a modern financial system.","PeriodicalId":112959,"journal":{"name":"University of Alabama School of Law Legal Studies Research Paper Series","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114671369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Lessons in Cyclical Fiscal Activism 周期性财政激进主义的教训

University of Alabama School of Law Legal Studies Research Paper Series Pub Date : 2015-03-19 DOI: 10.2139/ssrn.2581017

Mirit Eyal-Cohen

引用次数: 0

The Norms of International Soft Law in the Legal System of the Russian Federation 俄罗斯联邦法律体系中的国际软法规范

University of Alabama School of Law Legal Studies Research Paper Series Pub Date : 2013-01-10 DOI: 10.5539/jpl.v6n2p90

Sergey Marochkin, R. Khalafyan

引用次数: 5

Tax Policy inside the Two Kingdoms 两国内部的税收政策

University of Alabama School of Law Legal Studies Research Paper Series Pub Date : 2013-01-02 DOI: 10.2139/SSRN.2195639

S. Hamill

{"title":"Tax Policy inside the Two Kingdoms","authors":"S. Hamill","doi":"10.2139/SSRN.2195639","DOIUrl":"https://doi.org/10.2139/SSRN.2195639","url":null,"abstract":"This article illustrates that my article, An Evaluation of Federal Tax Policy Based on Judeo-Christian Ethics, which states that tax policy consistent with the moral principles of Judeo-Christian ethics must raise an adequate level of revenues embracing the reasonable opportunity of all individuals to reach their potential under a moderately progressive model is consistent with Gregory Boyd’s interpretation of Two Kingdom Theory in his book The Myth of a Christian Nation. Boyd’s heavy criticism of Christians using Scripture to specifically answer questions and then voting to enforce those values on persons outside the church poses no conflicts with my arguments to persons inside the church. This article concludes that the moral obligation of Christians, especially those enjoying higher levels of income and wealth, to embrace the higher sacrifice required by the general moral guidelines of reasonable opportunity and moderate progressivity and to avoid being tempted to support flat models is consistent with the general themes of Boyd’s book. Although Boyd does not address tax policy he states that costly self-sacrifice must be at the center of kingdom of God responses to ambiguous kingdom of the world issues. Flat tax models not only demand far lower sacrifice from the wealthy as compared to the middle class but are also supported by objectivist ethics, a form of atheism with core values denying the existence of broad duties of self-sacrifice under any circumstances.","PeriodicalId":112959,"journal":{"name":"University of Alabama School of Law Legal Studies Research Paper Series","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122712230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

International Humanitarian and Human Rights Law in Russian Courts 俄罗斯法院的国际人道主义和人权法

University of Alabama School of Law Legal Studies Research Paper Series Pub Date : 2012-08-21 DOI: 10.1163/187815212X624247

Sergey Marochkin, V. Popov

{"title":"International Humanitarian and Human Rights Law in Russian Courts","authors":"Sergey Marochkin, V. Popov","doi":"10.1163/187815212X624247","DOIUrl":"https://doi.org/10.1163/187815212X624247","url":null,"abstract":"The paper investigates the implementation of the norms of international humanitarian and human rights law in the Russian courts. It may be viewed as a specific feature that these two categories are considered close in part of the Russian doctrine and, as we will see below, in some judicial cases. Since the adoption of the Constitution of the Russian Federation in 1993 international law has been granted a specific status and significance in the Russian legal system. According to the Constitution and legislation, Russian courts have had the opportunity to play a special role in the implementation of international humanitarian and human rights law. That being said, judicial practice relating to the implementation and the application of these norms is different from that of other international law norms. It is, however, explained, in particular, by the fact, that there are not many cases which either mention directly or use humanitarian law. Often, courts make abstract or general references to international treaties or make decisions only on the basis of the national law, though the considered cases fall directly under the regulation of international humanitarian or human rights law. In conclusion, at present the practice of Russian courts is rather diverse and needs further unification.","PeriodicalId":112959,"journal":{"name":"University of Alabama School of Law Legal Studies Research Paper Series","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130644660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Taking the Takings Claim: A Policy and Economic Analysis of the Survival of Takings Claims after Property Transfers 以征收权为例:财产转移后征收权存续的政策与经济分析

University of Alabama School of Law Legal Studies Research Paper Series Pub Date : 2003-11-19 DOI: 10.2139/SSRN.460941

C. N. Brown

{"title":"Taking the Takings Claim: A Policy and Economic Analysis of the Survival of Takings Claims after Property Transfers","authors":"C. N. Brown","doi":"10.2139/SSRN.460941","DOIUrl":"https://doi.org/10.2139/SSRN.460941","url":null,"abstract":"What ought to be the nature of an owner's right to pursue a regulatory takings claim when the regulation the owner seeks to challenge was in place when the owner acquired the regulated property? Some argue that an owner should not be entitled to challenge such a restriction as a Fifth Amendment taking if the property was already impaired by the regulation at the time the owner acquired it. Proponents of this view contend that allowing subsequent owners to challenge the enforcement of regulations, pre-dating their acquisition of title, and of which they had notice, would confer undeserved windfalls and reward land speculation to the detriment of the public fisc. But this view of the non-transferability of the regulatory takings claim de-emphasizes the impact of the regulation on the property itself and focuses the takings inquiry at the wrong moment in time. Regulatory land use controls should be evaluated as restrictions on property and as unrelated to the ownership status of property. A rule that limits or bars successive owners from asserting the full takings claim effectively eviscerates the takings clause for many forms of regulatory takings. It allows governments to destroy valuable property interests without paying compensation. This article emphasizes that the takings claim is a distinct and recognizable form of property that exists independent of the property owner. The takings claim is valuable private property and, as such, should be alienable in a manner consistent with other forms of private property; any other approach is tantamount to a judicial taking.","PeriodicalId":112959,"journal":{"name":"University of Alabama School of Law Legal Studies Research Paper Series","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115736339","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0