Postgraduate Course: Banking and Financial Law: Case Studies (LAWS11476)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
|Course type||Online Distance Learning
||Availability||Not available to visiting students
|Summary||This course will examine banking and financial law and regulation since the 2008 financial crisis. Each week legal and ethical issues will be discussed, focusing on both macro-prudential and micro-prudential policies. Regulations and cases will be considered to help develop a fuller understanding of the regulatory environment since 2008 and to analyse non-compliant behaviour as well as best practices.
The course will focus on the regulatory regimes in the UK, EU, and the US as well as international initiatives for reform. Topic areas to be covered will include regulatory and policy developments over the last decade, money laundering, terrorist financing, insider trading, financial market manipulation, bank mergers and acquisitions, and FinTech.
This course will give students a broad practical understanding of the purpose, requirements, and application of banking laws and policies. The case studies will provide a real-world view of the benefits and challenges of compliance and enforcement.
1. An introduction to the principles of banking and financial law;
2. Regulatory and policy developments following the global financial crisis;
3. UK bank supervision and regulations;
4. EU bank supervision and regulations;
5. US and international finance and banking regulations;
6. Financial crimes part 1 - money laundering and terrorist financing;
7. Financial crimes part 2 - insider trading and market manipulation;
8. Bank mergers and acquisitions;
9. FinTech and digital finance;
10. Governance, compliance programs, and enforcement.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| None
Course Delivery Information
|Academic year 2023/24, Not available to visiting students (SS1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 40,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||1. An assessed discussion board portfolio (worth 30% of the course mark), consisting of a selection of a minimum of 5 and a maximum of 10 individual discussion posts, taken from across at least 5 weeks. The total word count of all of the posts submitted must be no more than 5,000 words.
2. One 4000- word essay (70% of the course mark).
|No Exam Information
On completion of this course, the student will be able to:
- Explain the current legal and regulatory landscape for banks and financial institutions in the UK, EU and US
- Understand microprudential and macroprudential policies and regulations
- Critically compare regulatory frameworks in the UK, EU, and US
- Critically argue the benefits of a robust compliance program to address financial crimes
|Please identify core library resources for this course. Please include any which are not available in the University Library.|
¿ Chiu, I., & Wilson, J. (2019). Banking law and regulation. Oxford, United Kingdom: Oxford University Press. Course Textbook (available online via Discover ED)
Other indicative reading which is already AVAILABLE via the Library online resources:
Evemy, J. (2019). The Bank of England, operational independence and the financial crisis. British Politics,
Clayton, N. (2015). Failures in the prudential regulation of banks in the UK and US: will the lessons be
learnt? Law & Financial Markets Review, 9(2), 130¿153.
Fratzscher, M. (2016). Credit provision and banking stability after the Great Financial Crisis: The role of bank regulation and the quality of governance. Journal of international money and finance. 66, p.113.
Aiyar, S., Calomiris, C., & Wieladek, T. (2014). Does Macro-Prudential Regulation Leak? Evidence from a
UK Policy Experiment. Journal of Money, Credit and Banking, 46(S1), 181-214.
Davis, K. (2016). Macroprudential Regulation and Banking Regulation. Australian Economic Review, 49(1),
Huhtilainen, M. (2019). Banks¿ Trust in the EU Macroprudential Regulation. Journal of Banking & Financial Economics, 12(2), 29¿38.
Alexander, K. (2015). Capital Markets Union from the Perspective of the Banking Industry and Prudential Supervision. Law & Financial Markets Review, 9(3), 191¿195.
Woyames, V. (2020). Divergent effects of international regulatory institutions. Regulating global banks and
shadow banking after the global financial crisis of 2007-2009. Review of International Political Economy:
RIPE, 27(3), 556-582.
Cornford, A. (2015). Macroprudential Regulation: Potential Implications for Rules for Cross-Border Banking. Journal of International Commerce, Economics & Policy, 6(1), 1.
Yeh, S. S. (2020). Application of a model international treaty to money laundering. Journal of International
Banking Law, 35(11), 444-463.
Elliot, V., Lindblom, T., & Soderstrom, R. (2020). Anti-money laundering regulation and supply chain trade
finance. International Trade Law & Regulation, 26(4), 246-261.
Chao, X., Kou, G., Peng, Y., & Alsaadi, F. E. (2019). Behavior Monitoring Methods for Trade-based Money Laundering Integrating Macro and Micro Prudential Regulation: A Case from China. Technological &
Economic Development of Economy, 25(6), 1081¿1096.
Bromberg, L., Gilligan, G., & Ramsay, I. (2017). Financial Market Manipulation and Insider Trading: An International Study of Enforcement Approaches. Journal of Business Law, 8(8), 652-679.
Hagendorff, J., & Nieto, M. (2015). The Safety and Soundness Effects of Bank M&A in the EU: Does
Prudential Regulation Have any Impact? European Financial Management, 21(3), 462¿490.
Brambilla, E. (2020). The Era of Digitalization: Is M&A Between Banks and Fintech Firms the Winning
Strategy for Bank Profitability? (Order No. 27963519).
McCarthy, J. (2020). FinTech, digital finance and the EU's regulatory choices. Journal of International
Banking Law, 35(11), 464-474.
Buttigieg, C., & Cuyle, S. (2020). A comparative analysis of EU homegrown crypto-asset regulatory
frameworks. European Law Review, 45(5), 639-659.
Edwards, F., Hanley, K., Litan, R., & Weil, R. (2019). Crypto Assets Require Better Regulation: Statement
of the Financial Economists Roundtable on Crypto Assets. Financial Analysts Journal, 75(2), 14-19.
Caron, M. S. (2019). The Transformative Effect of AI on the Banking Industry. Banking & Finance Law
Review, 34(2), 169-214.
Aikman, D., Bridges, J., Kashyap, A., & Siegert, C. (2019). Would Macroprudential Regulation Have
Prevented the Last Crisis? Journal of Economic Perspectives, 33(1), 107¿130.
Gohari, B., & Woody, K. E. (2015). The New Global Financial Regulatory Order: Can Macroprudential
Regulation Prevent Another Global Financial Disaster? Journal of Corporation Law, 40(2), 403¿437.
|Graduate Attributes and Skills
||Students will work constructively as members of an online community and in so doing:
¿ Develop their ability to work independently under fixed deadlines;
¿ Develop their assertiveness with peers and supervising staff;
¿ Participate effectively in online discussions;
¿ Develop their ability to present the outcome of independent research in a clear written form.
|Course organiser||Dr Longjie Lu
Tel: (0131 6)50 2336
|Course secretary||Ms Clare Polson
Tel: (0131 6)51 9704