ARTICLES
by Melanie L. Fein
“SEC Revision to Regulation B,” ABA Trusts & Investments, December 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).
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