Aspects of Banking and Financial Services Law
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The main objective of this book, writes author and lawyer C.J. Shaw, “is to inspire more lawyers to do legal writing for publication and professional and personal enjoyment.” Although this is Shaw’s primary goal, the fact is, Aspects of Banking and Financial Services Law accomplishes more by providing an enlightened look at a wide variety of intriguing issues in banking and financial services law. Clearly, the chapter about lawyering and the chapter on teaching and learning demonstrate Shaw’s motivation for doing this book.
Comprised of a number of Shaw’s previously published essays and articles, extensively rewritten for this book, this collection provides an incisive perspective on a broad range of legal topics, from letters of credit and financial derivatives, to anti-terrorist financing law and regulation and bankruptcy and insolvency. Updated for inclusion in this new book, the works featured in Aspects of Banking and Financial Services Law will serve as a practical resource for anyone interested in banking and financial services law.
Written as contemporary and informative narratives in easy-to-read, plain language, this book will interest legal educators and learners, lawyers, and businesspeople, and will be particularly helpful to:
- Corporate and commercial lawyers in addressing questions and concerns related to banking and financial services law
- Government lawyers and officials involved with legislation and law reform
- In-house counsel handling a range of legal issues affecting the company
- Insolvency lawyers concerning practices and procedures in the bankruptcy court
- Law teachers and students engaged in legal research and writing programs and finance and banking courses
Table of contents
Chapter 1: Lawyering
1. Doctrinal learning – Why a centuries-old legal profession is timeless and loveable to its practitioners
2. Work philosophy – From “to do” to “all done”
Chapter 2: Letters of credit
1. Letters of credit and fraud
Chapter 3: Customer account verification agreements
1. Account authorization and verification: The reasonable Alberta banker
Chapter 4: Criminal rate of interest and commercial financing
1. Criminal interest rate has zero tolerance for commercial reality
Chapter 5: Foreclosure law and practice
1. Second mortgagee – Ride the coattails, yahoo!
Chapter 6: Big bank mergers
1. Big bank merger review in Canada
Chapter 7: Financial derivatives
1. Financial derivatives: In retrospect
Chapter 8: Anti-terrorist financing
1. Anti-terrorist financing law and regulation
2. Privacy and banking
Chapter 9: Bankruptcy and insolvency
1. Canada’s bankruptcy court: A primer
2. Bankruptcy policy: Quid pro quo
3. Personal bankruptcy: The end or the beginning?
4. Interim receivers: Big Sky Living in Alberta and a national fairness debate
5. Statute interpretation – Clarion call for consistent statute interpretation
Chapter 10: Teaching and learning
1. Teaching methodology – Statement on teaching methodology
2. Student assessment – Write the midterm, dang it!
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