Banking and Financial Services

Selected articles and papers of Melanie L. Fein are available on the Social Sciences Research Network (SSRN) at:  http://ssrn.com/author=1226356  

ARTICLES
by Melanie L. Fein 

"ESG Investing by Pension Fiduciaries in Canada," published in Comparative Political Economy: Social Welfare Policy eJournal, September 06, 2019; Econometric Modeling: Capital Markets - Portfolio Theory eJournal, Vol 8, Issue 50, August 12, 2019; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol 11, Issue 137, August 09, 2019; Pension Risk Management eJournal, Vol 13, Issue 26, August 13, 2019; Employee Benefits, Compensation & Pension Law eJournal, Vol 20, Issue 27, August 12, 2019; Environmental Justice & Sustainability eJournal, Vol 9, Issue 32, August 19, 2019; Environmental Law & Policy eJournal,Vol 11, Issue 42, September 05, 2019; Fiduciary Law eJournal, Vol 5, Issue 23, August 21, 2019; Canadian Law eJournal Vol 15, Issue 55, August 15, 2019. 

"Fiduciary Investments in Cannabis Securities," published in Mutual Funds, Hedge Funds, & Investment Industry eJournal, February 14, 2019; Regulation of Financial Institutions eJournal, February 15, 2019; Fiduciary Law eJournal, Vol 5, Issue 9, April 03, 2019; Wills, Trusts, & Estates Law eJournal, Vol 15, Issue 10, March 27, 2019; Regulation of Financial Institutions eJournal, Vol 21, Issue 22, March 26, 2019.

"Regulation Best Interest: The SEC's Proposed Fiduciary Rule," published in Monetary Economics: International Financial Flows, Financial Crises, Regulation & Supervision eJournal, Vol 3, Issue 97, August 09, 2018; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol 10, Issue 110, August 03, 2018; Regulation of Financial Institutions eJournal, Vol 7, Issue 77, August 01, 2018; Corporate Finance: Governance, Corporate Control & Organization eJournal, Vol 10, Issue 135, August 02, 2018; Corporate Law: Securities Law eJournal, Vol 10, Issue 39, July 31, 2018; Fiduciary Law eJournal, Vol 4, Issue 17, August 06, 2018; Regulation of Financial Institutions eJournal, Vol 20, Issue 47, July 31, 2018.     

“Is Bitcoin a Security?”, published in Corporate Governance Practice Series eJournal, Vol 8, Issue 14, July 24, 2018; Monetary Economics: International Financial Flows, Financial Crises, Regulation & Supervision eJournal, Vol 3, Issue 85, July 19, 2018; Banking & Insurance eJournal, Vol 10, Issue 129, July 24, 2018; Corporate Finance: Capital Structure & Payout Policies eJournal, Vol 10, Issue 90, July 25, 2018; Corporate Law: Securities Law eJournal, Vol 10, Issue 38, July 18, 2018; Contracts & Commercial Law eJournal, Vol 19, Issue 44, July 30, 2018. 

“Bitcoin: How Is It Regulated,” published in Banking & Insurance eJournal Vol 10, Issue 86, May 11, 2018; Regulation of Financial Institutions eJournal, Vol 7, Issue 48, May 11, 2018; Regulation of Financial Institutions eJournal, Vol 20, Issue 27, May 11, 2018; Corporate Law: Securities Law eJournal, Vol 10, Issue 24, May 03, 2018; Law & Society: Private Law - Financial Law eJournal, Vol 3, Issue 36, May 10, 2018; Comparative Political Economy: Regulation eJournal, Vol 6, Issue 84, May 10, 2018.

“Broker-Dealer Cash Sweep Programs: Fiduciary Considerations,” published in Regulation of Financial Institutions eJournal, Vol. 7, Issue 34, March 27, 2018; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol 10, Issue 47, March 27, 2018.

“Harmonization of Fiduciary Standards For Broker-Dealers and Investment Advisers,” published in Regulation of Financial Institutions eJournal, Vol. 7, Issue 36, March 30, 2018; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol. 10, Issue 48, March 28, 2018.

“Social Investing in the United Kingdom (ESG),” published in Socially Responsible Investment eJournal, Vol. 7, Issue 6, January 30, 2018; European Finance eJournal, Vol. 10, Issue 3, January 11, 2018; Governance, Incentives, & Compensation eJournal, Vol. 7, Issue 2, January 9, 2018.

“How Are Robo-Advisors Regulated?” published in Mutual Funds, Hedge Funds, & Investment industry eJournal, Vol. 9, No. 123: Sep 11, 2017; Econometric Modeling: Financial Markets Regulation eJournal, Vol 6, Issue 60, September 18, 2017; Industrial Organizations: Regulation, Antitrust & Privatization eJournal, Vol 9, Issue 132, September 20, 2017; Microeconomics: General Equilibrium & Disequilibrium Models of Financial Markets eJournal, Vol 8, Issue 117, September 19, 2017; Monetary Economics: International Financial Flows, Financial Crises, Regulation & Supervision eJournal, Vol 2, Issue 139, September 21, 2017; Regulation of Financial Institutions eJournal, Vol 6, Issue 112, September 12, 2017; Artificial Intelligence - Law, Policy, & Ethics eJournal, Vol 1, Issue 41, September 13, 2017; Regulation of Financial Institutions eJournal, Vol 19, Issue 65, September 12, 2017; Law & Society: Private Law - Financial Law eJournal, Vol 2, Issue 98, September 15, 2017.

“How Should Robo-Advisors Be Regulated? Unanswered Regulatory Questions,” Regulation of Financial Institutions eJournal, Vol. 6, No. 114: Sep 15, 2017; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol 9, Issue 125, September 13, 2017; Industrial Organizations: Regulation, Antitrust & Privatization eJournal, Vol 9, Issue 134, September 22, 2017; Artificial Intelligence - Law, Policy, & Ethics eJournal, Vol 1, Issue 42, September 20, 2017; Regulation of Financial Institutions eJournal, Vol 19, Issue 65, September 12, 2017; Law & Society: Private Law - Financial Law eJournal, Vol 2, Issue 96, September 11, 2017.

“Are Robo-Advisors Fiduciaries?” published in Regulation of Financial Institutions eJournal, Vol. 6, No. 114: Sep 15, 2017; History of Finance eJournal, Vol. 10, No. 26, Sep 12, 2017; Banking & Insurance eJournal, Vol 9, Issue 174, September 13, 2017; IO: Regulation, Antitrust & Privatization eJournal, Vol. 9, No. 135, Sep 28, 201; Monetary Economics: International Financial Flows, Financial Crises, Regulation & Supervision eJournal, Vol 2, Issue 140, September 22, 2017; Banking & Insurance eJournal, Vol 9, Issue 174, September 13, 2017; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol 9, Issue 126, September 14, 2017; Artificial Intelligence - Law, Policy, & Ethics eJournal, Vol 1, Issue 43, September 22, 2017; Law & Society: Private Law - Financial Law eJournal, Vol 2, Issue 97, September 13, 2017.

“Regulatory Focus on Robo-Advisors,” published in Regulation of Financial Institutions eJournal, Vol 6, Issue 113, September 13, 2017; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol 9, Issue 124, September 12, 2017; IO: Regulation, Antitrust & Privatization eJournal, Vol 9, Issue 133, September 21, 2017; Artificial Intelligence - Law, Policy, & Ethics eJournal, Vol 1, Issue 44, September 27, 2017; Regulation of Financial Institutions eJournal, Vol 19, Issue 65, September 12, 2017; Law & Society: Private Law - Financial Law eJournal, Vol 2, Issue 100, September 25, 2017.

“FINRA’s Report on Robo-Advisors: Fiduciary Implications,” published in Fiduciary Law eJournal, Vol. 2, Issue 13, April 29, 2016; Regulation of Financial Institutions eJournal, Vol. 18, Issue 43, May 3, 2016; Governance, Incentives & Compensation eJournal, Vol. 5, Issue 26, May 3, 2016; Mutual Funds, Hedge Funds & Investment Industry eJournal, Vol. 8, Issue 74, May 5, 2016; Regulation of Financial Institutions eJournal, Vol. 5, Issue 71, May 5, 2016; Capital Markets: Market Efficiency eJournal, Vol. 8, Issue 83, May 3, 2016; Financial Literacy eJournal, Vol. 3, Issue 14, May 5, 2016; Household Financial eJournal, Vol. 7, Issue 40, May 6, 2016; Corporate Law: Securities Law eJournal; Vol. 8, Issue 31, April 29, 2016.

“Robo-Advisors Aren’t All They’re Cracked Up to Be,” American Banker, October 7, 2015.

“Robo-Advisors: A Closer Look,” published in Banking & Insurance eJournal, Vol. 7, Issue 174, September 23, 2015; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol. 7, Issue 121, Sept. 23, 2015; Regulation of Financial Institutions eJournal, Vol 4, Issue 109, Sept. 23, 2015; Fiduciary Law eJournal, Dec. 31, 2015; Regulation of Financial Institutions eJournal; Vol. 17, Issue 92, September 18, 2015; Wills, Trusts, & Estates Law eJournal, Vol. 11, Issue 32, Oct. 5, 2015.

“Prudent Investing and ERISA: Fees and the Fiduciary Duty of Care,” published in Regulation of Financial Institutions eJournal, Vol. 4, Issue 84, Aug. 3, 2015; Banking & Insurance eJournal, Vol. 7, Issue 139, Aug. 05, 2015; Wills, Trusts, & Estates Law eJournal, Vol. 11, Issue 25, Aug. 14, 2015; Employee Benefits, Compensation & Pension Law eJournal, Vol. 16, Issue 29, Aug. 7, 2015; Law & Society: Private Law eJournal, Vol. 10, Issue 148, Aug. 12, 2015; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol. 7, Issue 96, Aug. 03, 2015.

“The Best Advice Isn’t Always the Cheapest,” American Banker, June 24, 2015.

“Fiduciary Duty:  Underperforming Assets,” published in Regulation of Financial Institutions eJournal, Vol. 16, No. 47, May 22, 2014; Wills, Trusts, & Estates Law eJournal, Vol. 10, Issue 16, May 23, 2014.

“The Duty of Loyalty in Trust Law,” published in Wills, Trusts, & Estates Law eJournal, Vol. 10, Issue 12, May 06, 2014; Regulation of Financial Institutions eJournal, Vol. 3, Issue 50, April 18, 2014; Legal Ethics & Professional Responsibility eJournal, Vol. 14, Issue 15, April 17, 2014.  

“Missing the Mark on Money Market Funds,” published in Monetary Economics eJournal, March 28, 2014; Mutual Funds, Hedge Funds, & Investment Industry eJournal, March 27, 2914; Regulation of Financial Institutions eJournal, March 27, 2914; Risk Management & Analysis in Financial Institutions eJournal, March 27, 2014; Corporate Law: Securities Law eJournal, March 27, 2014.

“Money Market Madness, Indeed,” American Banker, Dec. 12, 2013.

Overview of the Dodd-Frank Act, Banking Practice Portfolio Series No. 430, published by Bloomberg BNA/The Bureau of National Affairs, Inc., 2013.

“Meddling in Money Market Funds,” published in Macroeconomics: Prices, Business Fluctuations, & Cycles eJournal, Vol. 6, Issue 157, Nov. 27, 2013; Banking & Insurance eJournal, Vol. 5, Issue 179, Nov. 28, 2013; Mutual Funds, Hedge Funds, & Investment Industry eJournal; Vol. 5, Issue 91, Dec. 06, 2013; Regulation of Financial Institutions eJournal, Vol. 2, Issue 118, Dec. 2, 2013; Regulation, Antitrust & Privatization eJournal, Vol 5, Issue 188, Nov. 27, 2013.

“The SEC’s Money Market Fund Proposal: An Inappropriate Use of the Investment Company Act to Address a Bank Regulatory Problem,” published in Monetary Economics eJournal, Vol. 5, Issue 161, Sept. 19, 2013; Regulation, Antitrust & Privatization eJournal, Vol. 5, Issue 155, Sept. 24, 2013; Financial Crises eJournal, Vol. 2, Issue 93, Oct. 2, 2013; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol. 5, Issue 73, Oct. 1, 2013; Regulation of Financial Institutions eJournal, Vol. 2, Issue 95, Oct. 7, 2013;  Securities Law eJournal, Vol. 5, Issue 52, Oct. 4, 2013; Regulation of Financial Institutions eJournal, Vol. 15, Issue 71, Sept. 27, 2013.

“How Safe Are Your Deposits?” May 23, 2013, published in Banking & Insurance eJournal, Vol. 5, Issue 91, June 13, 2013; Regulation of Financial Institutions eJournal, Vol. 2, Issue 65, June 11, 2013; Risk Management & Analysis in Financial Institutions eJournal, Vol. 2, Issue 44, June 10, 2013; Financial Crises eJournal, Vol. 2, Issue 63, June 12, 2013; Monetary Economics eJournal, Vol. 5, Issue 102, June 6, 2013.

“The Shadow Banking Charade,” Feb. 15, 2013, published in Financial Crises eJournal, vol. 2, no. 23, March 4, 2013; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol. 5, No. 20, March 4, 2013; Regulation of Financial Institutions eJournal, Vol. 2, No. 24, March 5, 2013; available at SSRN.com.

“The Financial Stability Oversight Council’s Proposals for Money Market Fund Reform,” Jan. 9, 2013, published in Regulation of Financial Institutions eJournal, Vol. 2, No. 10, Jan. 29, 2013, and other ejournals; available at SSRN.com.

“The Latest Fallacy About Money Market Funds,” July 2012, published in Monetary Economics eJournal, Vol. 4, Issue 90, August 20, 2012; Financial Crises eJournal, Vol. 4, Issue 118, August 10, 2012; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol. 4, Issue 70, Aug. 13, 2012; available at SSRN.com.

“Money Market Funds, Systemic Risk, and the Dodd-Frank Act,” June 2012, published in Regulation of Financial Institutions eJournal, Vol. 14, No. 41: Aug 2, 2012; Monetary Economics eJournal Vol. 4, No. 81: Aug 2, 2012; Financial Crises eJournal, Vol. 1, Issue 39, July 24, 2012; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol. 4, Issue 65, July 24, 2012; available at SSRN.com.

“Do Money Market Funds Create Systemic Risk?” June 2012, published in Regulation of Financial Institutions eJournal, Vol. 1, No. 43: Aug 6, 2012, and other eJournals. 

“How Can the Risk of Runs on Money Market Funds Be Reduced?” April 2012, published in International Finance eJournal, Vol. 4, Issue 71, June, 2012; Macroeconomics: Consumption, Saving & Wealth eJournal, Vol. 5, Issue 21, June 12, 2012; Financial Crises eJournal, Vol. 1, Issue 23, May 28, 2012;  available at SSRN.com.

“Shooting the Messenger:  The Fed and Money Market Funds,” March 2012, published in Monetary Economics eJournal, Vol.4, Issue 44, May 9, 2012; Regulation of Financial Institutions eJournal, Vol. 1, Issue 8, May 7, 2012.

“The Systemic Risks of a Reg Q Repeal,” American Banker, May 17, 2011.

“Dodd-Frank Wall Street Reform and Consumer Protection Act:  Provisions Affecting Bank Holding Companies,” September 2010, published in Regulation of Financial Institutions eJournal, Vol. 12, Issue 72, Sept. 23, 2010, Corporate Law: Corporate Governance Law eJournal, Vol 2, Issue 71, September 22, 2010; Mutual Funds, Hedge Funds, & Investment Industry eJournal, Vol 2, Issue 92, August 19, 2010; Banking & Financial Institutions eJournal, Archives of Vols. 1-4, 2009-12, Vol 2, Issue 137, August 20, 2010; Political Economy: Structure & Scope of Government eJournal, Vol 3, Issue 66, August 18, 2010; Monetary Economics eJournal, Archives of Vols. 1-8, 2009-16, Vol 2, Issue 138, August 19, 2010; Industrial Organizations: Regulation, Antitrust & Privatization eJournal, Vol 2, Issue 122, August 23, 2010.

“Dodd-Frank Wall Street Reform and Consumer Protection Act:  Provisions Affecting Bank Securities Activities,” September 2010, published in Banking & Financial Institutions eJournal, Archives of Vols. 1-4, 2009-12, Vol 2, Issue 137, August 20, 2010, and other eJournals.

“The Fiduciary Duty of Securities Brokers and Investment Advisers:  Sole Interest or Best Interest?  An Analysis of the Administration’s Proposal,” Aug. 29, 2009, published in Regulation of Financial Institutions eJournal, Vol. 12, Issue 65, September 07, 2010, and other eJournals.

“The Financial Crisis of 2008-2009:  Causes and Contributing Circumstances,” a report prepared for the American Bar Association Task Force on the Causes of the Financial Crisis, August, 2009, distributed in Monetary Economics eJournal, Vol. 2, Issue 128, August 05, 2010; Macroeconomics: Monetary & Fiscal Policies eJournal, Vol. 3, Issue 103, August 03, 2010; History of Finance eJournal, Vol. 3, Issue 54, August 18, 2010; Banking & Financial Institutions eJournal, Archives of Vols. 1-4, 2009-12, Vol. 2, Issue 132, August 13, 2010.

“Systemic Risk Oversight:  Policy Issues,” May 28, 2009, prepared for U.S. Chamber of Commerce.

“The Truth About Money Funds,” a white paper discussing the activities of money market funds in the financial markets, February 2009, available at SSRN: http://ssrn.com/abstract=1662453. 

“The Group of Thirty Report:  Misconceptions About Money Market Mutual Funds,” February 2009, available at SSRN: http://ssrn.com/abstract=1662446. 

“Money Market Mutual Funds in a Low or Zero Rate Environment:  The Fiduciary Standard of Prudence for Trustees,” January 2009.

“The Economic Stabilization Act of 2008 and Related Government Actions in Support of the U.S. Financial System,” Nov. 5, 2008, available at SSRN: http://ssrn.com/abstract=1662545. 

“Expanding the Federal Safety Net:  The Rescue of Bear Stearns,” May 2008, published in Monetary Economics eJournal, Vol. 2, Issue 129, August 06, 2010; History of Finance eJournal, Vol. 3, Issue 55, August 26, 2010; Banking & Financial Institutions eJournal, Archives of Vols. 1-4, 2009-12, Vol. 2, Issue 131, August 12, 2010. 

“Bank Broker-Dealer Compliance Guide,” Oct. 2007, available at SSRN: http://ssrn.com/abstract=1663288. 

“The Convergence of Financial Products and the Implications for Regulatory Convergence,” Presented at a symposium titled “Can We Improve Policy-Making in Financial Services Regulation?” sponsored by American Enterprise Institute, January 24, 2007, available at SSRN: http://ssrn.com/abstract=1654383.

“The Economic Stabilization Act of 2008 and Related Government Actions In Support of the U.S. Financial System,” American Law Journal, Oct. 2008. 

“Financial Institutions as Fiduciaries: Managing Conflicts of Interest in the Wealth Services Business,” 2006, available at SSRN: http://ssrn.com/abstract=1646972. 

“SEC Revision to Regulation B,” ABA Trusts & Investments, Dec. 2004.

“Countdown on Regulation B: New Challenges for Banks,” FindLaw, October 2004.

“U.S. Regulatory Challenges for Chinese Banks,” Society & Culture, Institute of American & Chinese Culture, June 2003.

“Gone But Not Forgotten:  The Public Benefits Test of Section 4(c)(8),” Banking & Financial Services Policy Report, July 2000.

“Clearing the Hurdles,” Banking Strategies Magazine, May/June 2000.

“Is Reform Bill a Menace to Bank Retirement Plans?” American Banker, June 1, 1999.

“OCC’s Op-Sub Rule Could Spark Changes in Banking Structure,” Banking Policy Report, Jan. 6, 1997.

“A Welcome Proposal:  A Proposed Rewrite of Regulation Y Spells Good News for Bank Holding Companies,” Bank Investment Marketing, November, 1996.

“Regulatory Policy:  Fed’s Proposed Overhaul of Regulation Y Goes Far, But Could Be Bolder,” Banking Policy Report, Oct. 21, 1996.

“Banking Developments,” The Investment Lawyer, Aug. 1996.

“Leach Leaves It Up To the Fed: Carpe Diem on Glass-Steagall Reform,” Banking Policy Report, July 15, 1996.

“Comment:  Time for Fed to Unshackle Banks in Underwriting,” American Banker, June 25, 1996.

“Insurance Powers Gains of Barnett Decision Clouded by 7th Circuit,” Banking Policy Report, June 17, 1996.

“A Leg Up:  The Barnett Decision Shifts the Balance of Power in Favor of Banks,” Bank Investment Marketing Magazine, June 1996.

“Another  Round:  There’s Still Room for Improvement in the Revised NASD Bank Brokerage Proposal,” Bank Investment Marketing Magazine, May 1996.

“Addressing Potential Conflicts of Interest,” Bank Management Magazine, March/April 1996.

“In Cyberbanking, When Do Non-Banks Become Banks?, Banking Policy Report, Vol. 15, No. 5 April, 1996.

“Functional Regulation:  A Concept for Glass-Steagall Reform?”, Stanford Journal of Law, Business & Finance, April 1996.

“Banking Developments,” The Investment Lawyer, April 1996.

“Updating the Trust Framework:  A Recent OCC Proposal Gives National Banks More Flexibility in Running their Fiduciary Operations,” Bank Investment Marketing Magazine, March 1996.

“Changing for the Better:  Industry Outrage Forced the NASD to Reformulate its Proposed Bank Brokerage Rule,” Bank Investment Marketing Magazine, Jan. 1996.

“Regulatory Enlightenment:  Bank Regulators Have Clarified the Guidelines for Selling Investment Products,” Bank Investment Marketing Magazine, Nov. 1995.

“Banking Developments,” The Investment Lawyer, Oct. 1995.

“Banking Agencies Clarify Mutual Fund Guidelines,” Bank Investment Marketing Magazine, Oct. 1995.

“Banking Developments,” The Investment Lawyer, Oct. 1995.

“Regulating Cyberspace:  What Does It Mean to Banking?”, Bank Management Magazine, Oct. 1995.

“Avoiding Asset Allocation Pitfalls, A Cautionary Tale for Banks,” Bank Investment Marketing Magazine, Sept. 1995.

“No Free Lunch, Banks Will Have to Pay a Price for Glass-Steagall Reform,” Bank Investment Marketing Magazine, July 1995.

“N.Y. Fed Stirs Up a Bureaucratic Nightmare,” American Banker, June 6, 1995.

“More Than They Bargained For, NASD is Getting an Earful from some Commenters on Proposal 94-94,” Bank Investment Marketing Magazine, Vol. 3 (May 1995).

“States’ Rights:  Despite VALIC, States are Claiming It’s Their Prerogative to Determine Bank Annuity Powers,” Bank Investment Marketing Magazine, Vol. 3 (April 1995).

“Banking Developments,” The Investment Lawyer, Vol. 2, No. 3 (March 1995).

“Russia:  Banking and Capital Market Reform,” East/West Executive Guide, Vol. 5, No. 2 (February 1995).

“A Familiar Ring:  In Two Cases Involving Rogue Brokers, First Union Dodged a Liability Bullet while Prudential took a Direct Hit,” Bank Investment Marketing Magazine, Vol. 3 (January 1995).

“Report on the Third International Conference on Russian Banking,” Russia and Commonwealth Business Law Report, Vol. 5, Issue 17 (Jan. 18, 1995).

“Staying Power?  While the Retirement CD has the Potential to be Highly Competitive with Annuities, It Still has Some Hurdles to Overcome,” Bank Investment Marketing, Vol. 2, No. 8 (July/August 1994).

“Disgruntled Investors Look for Deep Pockets,” Bank Investment Marketing, Vol. 2, No. 7 (September 1994).

“Mutual Fund Storms Abate, Climate Warms,” Bank Management Magazine, Sept./Oct. 1994.

“Interstate Branching:  A Formula for Refashioning Supervision and Regulation,”  Banking Policy Report, Aug. 15, 1994.

“Reading the Smoke Signals on Derivatives,” Bank Investment Marketing, Vol. 2, No. 6 (July/August 1994) (with DeSimone). 

“Behind the Numbers:  Misinterpreted Mutual Fund Surveys Are Hurting Banks,” Bank Investment Marketing, Vol. 2, No. 5 (June 1994). 

“Not Sitting on the Sidelines:  The SEC Hasn’t Been Shy About Exercising Its Authority Over Bank Fund Activities,” Bank Investment Marketing, Vol. 2, No. 4 (May, 1994).

“Mutual Fund Scrutiny:  Will Sound & Fury Lead to Stronger Industry?” Bank Management, Vol. LXX, No. 3 (May/June 1994).

“The Waiting Game:  Is the Future of Bank Annuity Powers Riding on Two Court Cases?”,  Bank Investment Marketing, Vol. 2, No. 3 (April, 1994). 

“State Bank Powers:  State Nonmember Banks Enjoy Post-FDICIA Competitive Advantages,” Banking Policy Report, Vol. 13, No. 5 (March 7, 1994).

“Washington Analysis:  Much Ado About Nothing?”, Bank Investment Marketing, Vol. 2, No. 2 (March 1994).

“Washington Analysis:  Different Strokes:  Are Uniform Regulatory Guidelines in the Cards?”, Bank Investment Marketing, Vol. 2, No. 1 (Jan./Feb. 1994).

“Geographic Limitations on Bank Leasing Companies,” The Equipment Financing Journal, Vol. XIX, No. 1 (Jan./Feb. 1994).

“What Banks Can and Cannot Do,” Bank Director News, Vol. 4, No. 4 (Oct.-Dec. 1993).  

“Bank Mutual Fund Activities Raise Complex Issues,” Currents (a publication of the National Society of Compliance Professionals), Nov.-Dec. 1993.

“Government Policy On Bank Mutual Fund Activities:  An Overview,” Banking Policy Report, Vol. 12, No. 21 (Nov. 1993).

“Despite Court Ruling, National Bank Annuity Powers Are Still Broad,” Banking Policy Report, Vol. 12, No. 20 (Oct. 1993).

“Regulatory Scrutiny Signals Acceptance of Bank Fund Activities,” Bank Investment Marketing, Vol. 1, No. 1 (Nov. 1993).

“Banks Must Heed Anti-Tying Rules in Fund Sales,” American Banker, July 21, 1993.

“OCC, Fed Actions Reinforce Mutual Fund Authority of Banks,” Banking Policy Report, June 7, 1993, Vol. 12, No. 11.

“Two Key Rulings from Agencies Underscore Banks’ Growing Role in Mutual Funds,” American Banker, June 2, 1993.

“Fed Should Ease Restrictions on Bank Securities Activities,” Banking Policy Report, May 3, 1993.

“Proposed FDIC Rule Just Red Tape for State Banks’ Fund Marketing,” American Banker, April 14, 1993 (with Freeman and Coe).

“Legal Issues Persist in Banks’ Fund Activity,” American Banker, March 10, 1993.

“Reflections on Directions in Banking:  1993,” Review of Banking & Financial Services, Standard & Poor’s Corporation, Vol. 9, No. 4 (Feb. 24, 1993) (with Doyle and DeSimone).

“OCC Interpretive Letters:  Impact on Bank Lessors,” Equipment Financing Journal, Vol. XVIII, No. 1 (Jan./Feb. 1993).

“Russian Banking System Fills Unique Role; But System May Evolve to Western Standards,” Russia and Commonwealth Business Law Report, Vol. 3, Issue 17 (Jan. 11, 1993).

“The Emerging Russian Banking System:  An Overview,” Russian Oil & Gas Guide, Vol. 2, No. 1 (Jan. 1993).

“The Emerging Russian Banking System:  An Overview,” East/West Executive Guide, Vol. 3, No. 1 (Jan. 1993).

“Sweep Fee Ruling Poses Big Threat,” American Banker, Sept. 29, 1992.

“Federal Reserve Expands BHC Leasing Powers,” Equipment Financing Journal, Vol. XVII, No. 5 (Sept./Oct. 1992).

“The FDIC Improvement Act of 1991,” Review of Banking & Financial Services, Standard & Poor’s Corporation, Vol. 8, No. 7 (April 15, 1992).

“Despite New Law, Escape Hatch Still Open,” American Banker, Feb. 26, 1992.

“New Restrictions on State Bank Activities,” Banking Policy Report, Vol. 11, No. 3 (Feb. 3. 1992).

“New Bank Leasing Regulation,” Equipment Financing Journal (Jan./Feb. 1992).

“New OCC Rule Improves Leasing Capabilities of National Banks, Banking Policy Report, Vol. 10, No. 19 (Oct. 7, 1991).

“State Nonmember Banks:  A Vehicle for Product and Geographic Expansion,” Banking Policy Report, Vol. 10, No. 12 (June 17, 1991).

“The Authority of National Banks to Invest Trust Assets in Bank-Advised Mutual Funds,” Boston Univ. Law School Annual Review of Banking Law, vol. 10, 1991 (with J. D. Hawke, Jr. and D. Freeman, Jr.).

“Restructuring the Industry Doesn’t Require New Law,” American Banker, Feb. 22, 1991.

“Hazardous Waste: Legal Peril for Lessors,” Equipment Financing Journal, Vol. XV, No. 4 (July/August, 1990) (with Milch).

“Banking’s Opportunities in Private Placements Under SEC Rule 144A,” Banking Expansion Reporter, Vol. 9, No. 12 (June 18, 1990).

“Bank Operating Lease Powers Take Shape,” Equipment Financing Journal, Vol. XV, No. 2 (March/April 1990).

“Incremental Expansion of Securities Powers Has Pluses, Minuses,” Banking Expansion Reporter, Vol. 9, No. 3 (Feb. 5, 1990).

“OCC Letter Chills Trust Investments In Mutual Funds,” Banking Expansion Reporter, Vol. 8, No. 21 (Nov. 6, 1989).

“Regionals Stand to Gain Most from Relaxed Firewalls,” American Banker (Oct. 4, 1989).

“Fed Softens Glass-Steagall’s Sharp Edges,” American Banker (May 5, 1989). 

“Bank Leasing Powers Take Shape,” Equipment Financing Journal, Vol. XIII, No. 6 (Nov./Dec. 1988).

“House CRA Provisions Disturb Balance Between Borrowers,” ABA Bankers Weekly, Vol. 7, No. 36 (Sept. 6, 1988).

“House CRA Plan Lays Costly Traps, Punishing Fees,” ABA Bankers Weekly, Vol. 7, No. 37 (September 13, 1988) (reprint of analysis of the Community Reinvestment Act requirements in H.R. 5094 prepared for the American Bankers Association).

“Facing the Future:  Life Without Glass-Steagall,”  37 Catholic U. L. Rev. 281 (1988) (with former FDIC Chairman William Isaac).

“Bank Equipment Lessors Win New Leasing Powers,” The Journal of Equipment Lease Financing, Vol. 5, No. 4 (Winter 1987) (with John D. Hawke, Jr.).

“Leasing Powers Raise Issues for National Banks,” American Banker (Nov. 5, 1987) (with John D. Hawke, Jr.).

“Congress Grants New Leasing Powers to National Banks,” Equipment Financing Journal 1 (Sept./Oct. 1987) (with John D. Hawke, Jr.). 

“Regulation of Nonbanking Activities of State Banks and Their Subsidiaries,” Securities Activities of Banks, Sixth Annual Institute, Course Book, Law and Business/Prentice-Hall Information Services, 1986.

“The Separation of Banking and Commerce in American Banking History,” Appendix to Statement of Paul A. Volcker, Structure and Regulation of Financial Firms and Holding Companies Part 1, Hearings Before a Subcommittee of the House Government Operations Committee, 99th Cong., 2d Sess. 393 (June 11, 1986).

“The Fragmented Depository Institutions System:  A Case for Unification,” 29 American U. L. Rev. 633 (1980).

“Commercial Bank Private Placement Activities:  Cracking Glass‑Steagall,” 27 Catholic U. L. Rev. 743 (1978).

“Banking Law:  Bank Holding Company with Attributes of Traditional Branch Banking Does Not Violate State Branching Restrictions, Grandview Bank & Trust Co. v. Board of Governors,” 27 Catholic U. L. Rev. 401 (1978).