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Treasury Proposes Rule that Could Deliver a 'Death Sentence" to Chinese Bank

Description: This report discusses the Treasury Department's Financial Crimes Enforcement Network (FinCEN) proposal to invoke the "Fifth Special Measure" on the Chinese Bank of Dandong for its alleged role in funding and and processing transactions for North Korea's weapons programs.
Date: October 30, 2017
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits

Description: This report provides an overview of the Fourth Amendment in order to effectively evaluate the constitutionality of laws requiring suspicionless drug tests to receive governmental benefits. It then reviews five Supreme Court decisions that have evaluated these programs. The report concludes with a synthesis of the various factors that likely will be important to a future court's assessment of the constitutionality of these laws.
Date: March 6, 2015
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

"Living Wills": The Legal Regime for Constructing Resolution Plans for Certain Financial Institutions

Description: One of the chief objectives of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) is to promote financial stability within the United States, without the need for emergency governmental assistance to troubled firms. To achieve this goal, the DFA establishes a heightened regulatory regime for certain, generally large "covered financial institutions." A pillar of this heightened regulatory regime is that each covered financial institution must submit "credible" plans to the Board of Governors of the Federal Reserve System (FRB) and the Federal Deposit Insurance Corporation (FDIC) detailing how the firm could be quickly resolved in an orderly fashion under the U.S. Bankruptcy Code or other applicable insolvency regime "in the event of a material financial distress or failure." These resolution plans are commonly referred to as "living wills." This report reviews the legal structure of the DFA's living will requirements, pursuant to both DFA Section 165(d) and the regulations and guidance issued jointly by the FRB and FDIC, and explains the August 2014 joint announcement of the FRB and FDIC regarding the inadequacies of the 2013 living wills filed by the 11 largest, most complex financial institutions in the country. This report also examines some of the steps that these institutions might voluntarily take.
Date: December 4, 2014
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

The "Volcker": Proposals to Limit "Speculative" Proprietary Trading by Banks

Description: This report briefly discusses the permissible proprietary trading activities of commercial banks and their subsidiaries under current law. It then analyzes the Volcker Rule proposals under the House- and Senate-passed financial reform bills and under the Conference Report, which would limit the ability of commercial banking institutions and their affiliated companies and subsidiaries to engage in trading unrelated to customer needs and investing in and sponsoring hedge funds or private equity funds.
Date: June 30, 2010
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title X, The Consumer Financial Protection Bureau

Description: This report provides a legal overview of the regulatory structure of consumer finance under existing federal law, which is followed by an analysis of how the Consumer Financial Protection Act of 2010 will change this legal structure, with a focus on the Bureau's organization and funding; the entities and activities that fall (and do not fall) under the Bureau's supervisory, enforcement, and rulemaking authority; the Bureau's general and specific rulemaking powers and procedures; and an analysis of the act's preemption standards over state consumer protection laws as they apply to national banks and thrifts.
Date: July 21, 2010
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

Insolvency of Systemically Significant Financial Companies: Bankruptcy vs. Conservatorship/Receivership

Description: This report first discusses the purposes behind the creation of a separate insolvency regime for depository institutions. The report then compares and contrasts the characteristics of depository institutions with systemically significant financial companies (SSFCs). Next, the report provides a brief analysis of some important differences between the FDIC's conservatorship/receivership authority and that of the Bankruptcy Code.
Date: April 20, 2009
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

The Consumer Financial Protection Bureau (CFPB): A Legal Analysis

Description: This report provides an overview of the regulatory structure of consumer finance under existing federal law before the Dodd-Frank Act went into effect, and examines arguments for modifying the regime in order to more effectively regulate consumer financial markets. It then analyzes how the CFP Act changes the legal structure, with a focus on the Bureau's organization; the entities and activities that fall (and do not fall) under the Bureau's supervisory, enforcement, and rulemaking authorities; the Bureau's general and specific rulemaking powers and procedures; and the Bureau's funding.
Date: January 14, 2014
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits

Description: This report gives an overview of the issues related to federal or state laws that condition the initial or ongoing receipt of governmental benefits on passing drug tests. These regulations are vulnerable to constitutional challenge, most often due to issues of personal privacy and Fourth Amendment protections against "unreasonable searches."
Date: January 29, 2014
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

Governmental Drug Testing Programs: Legal and Constitutional Developments

Description: This report examines the current state of constitutional law on the subject of governmentally mandated drug testing in employment and of students in the public schools, which is followed by a brief review of federal drug-free workplace programs presently in effect.
Date: August 19, 2008
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

"Robo-Signing" and Other Alleged Documentation Problems in Judicial and Nonjudicial Foreclosure Processes

Description: Recent depositions involving major servicers, including GMAC Mortgage, J.P. Morgan Chase, and Wells Fargo, have raised concerns about "robo-signing" -- the practice of having a small number of individuals sign a large number of affidavits and other legal documents submitted to courts and other public authorities by mortgage companies to execute foreclosure. This report explores concerns related to these issues by explaining the mortgage market process, procedural problems that have surfaced during foreclosure proceedings, and other relevant information.
Date: November 15, 2010
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits

Description: This report gives an overview of the issues related to federal or state laws that condition the initial or ongoing receipt of governmental benefits on passing drug tests. These regulations are vulnerable to constitutional challenge, most often due to issues of personal privacy and Fourth Amendment protections against "unreasonable searches."
Date: January 19, 2012
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

Fannie and Freddie Investors Turn to Congress After the Supreme Court Declines to Resurrect Their Legal Claims

Description: This report discusses the Supreme Court's decision to decline to review the case of "Perry Capital LLC. v. Murchin" which denied the claims of Fannie Mae and Freddie Mac shareholders against the federal government. It also discusses some of the plaintiffs desire to seek legislative reform from Congress to change the law governing profit transfers from Fannie Mae and Freddie Mac.
Date: March 16, 2018
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information

Description: This report will first provide background on the statute and regulations regarding tax-exempt organizations' (EOs') disclosure of contributor information. Next, the report will discuss the justifications of and reactions to the new policy, including the views of proponents and opponents of the new policy. The report will then discuss the litigation Montana has filed against the policy. Finally, the report will provide considerations for Congress.
Date: August 14, 2018
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

Financial Regulatory Reform: Analysis of the Consumer Financial Protection Agency (CFPA) as Proposed by the Obama Administration and H.R. 3126

Description: This report provides a brief summary of the President's Consumer Financial Protection Agency Act of 2009 (the CPFA Act or the Act) and delineates some of the substantive differences between it and H.R. 3126, as introduced. It then analyzes some of the policy implications of the proposal, focusing on the separation of safety and soundness regulation from consumer protection, financial innovation, and the scope of regulation. The report then raises some questions regarding state law preemption, sources of funding, and rule-making procedures that the Act does not fully answer.
Date: July 17, 2009
Creator: Carpenter, David H. & Jickling, Mark
Partner: UNT Libraries Government Documents Department

Financial Regulatory Reform: Consumer Financial Protection Proposals

Description: This report provides a brief summary of the Consumer Financial Protection Agency Act of 2009 (the CFPA Act or the Act) and delineates some of the substantive differences between it and H.R. 4173, Title IV, as it passed the House, and S. 3217, Title X, as it passed the Senate. It then analyzes some of the policy implications of the proposal, focusing on the separation of safety and soundness regulation from consumer protection, financial innovation, and the scope of regulation. The report then raises some questions regarding state law preemption, sources of funding, and rulemaking procedures that the Act does not fully answer.
Date: May 26, 2010
Creator: Carpenter, David H. & Jickling, Mark
Partner: UNT Libraries Government Documents Department

Financial Regulatory Reform: Analysis of the Consumer Financial Protection Agency (CFPA) as Proposed by the Obama Administration and H.R. 3126

Description: This report provides a brief summary of the President's Consumer Financial Protection Agency Act of 2009 and delineates some of the substantive differences between it and H.R. 3126, as introduced. It then analyzes some of the policy implications of the proposal, focusing on the separation of safety and soundness regulation from consumer protection, financial innovation, and the scope of regulation.
Date: September 9, 2009
Creator: Carpenter, David H. & Jickling, Mark
Partner: UNT Libraries Government Documents Department

Financial Regulatory Reform: Analysis of the Consumer Financial Protection Agency (CFPA) as Proposed by the Obama Administration and H.R. 3126

Description: This report provides a brief summary of the Obama Administration's Consumer Financial Protection Agency Act of 2009 (CFPA) and delineates some of the substantive differences between it and H.R. 3126, as ordered to be reported by the House Financial Services Committee, as well as the version that was ordered to be reported by the House Energy and Commerce Committee.
Date: November 9, 2009
Creator: Carpenter, David H. & Jickling, Mark
Partner: UNT Libraries Government Documents Department

The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications

Description: This report begins with a general legal overview of the Recess Appointments Clause and a discussion of applicable case law that existed prior to the D.C. Circuit's decision in Noel Canning. The report then analyzes the Noel Canning opinion and evaluates the impact the case could have on the roles of the President and Congress in the appointments context.
Date: March 27, 2013
Creator: Garvey, Todd & Carpenter, David H.
Partner: UNT Libraries Government Documents Department

Government Contract Bid Protests In Brief: Analysis of Legal Processes and Recent Developments

Description: This report briefly analyzes the varying legal procedures applicable to bid protests under each forum, which may be relevant to Congress as it assesses potential reforms to the bid protest process. First, the report provides an overview of bid protests generally and the legal procedures applicable to bid protests made in each forum. Next, the report analyzes the legal distinctions among these forums. Finally, the report discusses recent legislative developments affecting bid protest procedures and potential considerations for Congress.
Date: January 19, 2018
Creator: Carpenter, David H. & Schwartz, Moshe
Partner: UNT Libraries Government Documents Department

Government Contract Bid Protests: Analysis of Legal Processes and Recent Developments

Description: This report briefly analyzes the varying legal procedures applicable to bid protests under each forum. First, it provides an overview of bid protests generally and then analyzes the legal distinctions among these forums. Finally, the report discusses recent legislative developments affecting bid protest procedures and potential considerations for Congress.
Date: September 26, 2018
Creator: Carpenter, David H. & Schwartz, Moshe
Partner: UNT Libraries Government Documents Department

Federal Procurement Law and Natural Disasters

Description: This report discusses the federal procurement laws regarding federal agencies hiring contractors for disaster recovery work and the encouragement to use local contractors for the work to help the local economy recover.
Date: December 14, 2017
Creator: Carpenter, David H. & Lunder, Ericka K.
Partner: UNT Libraries Government Documents Department

Permissible Securities Activities of Commercial Banks Under the Glass-Steagall Act (GSA) and the Gramm-Leach-Bliley Act (GLBA)

Description: This report explains the extent to which commercial banks, their subsidiaries, and affiliates were able to engage in securities activities, including securities underwriting, dealing, and brokerage, under the authorities of the Glass-Steagall Act (GSA) and other pre-GLBA (Gramm-Leach-Bliley Act) banking laws, most notably the Bank Holding Company Act of 1956 (BHCA; 70 Stat. 133). It also discusses how the volume and scope of these securities activities expanded over time, and how the GLBA changed the GSA construct by facilitating affiliations among commercial banks and securities firms..
Date: April 12, 2010
Creator: Carpenter, David H. & Murphy, M. Maureen
Partner: UNT Libraries Government Documents Department