Store Legal Municipal Debt Finance Law: Theory and Practice, Second Edition

Municipal Debt Finance Law: Theory and Practice, Second Edition

By Robert S. Amdursky, Clayton P. Gillette, Allen Bass
Format
Book - Hardbound
$535.00

Book - Hardbound

Available: Item ships in 3-5 Business Days
Price
$535.00
Qty.
This product is available for the standing order program.
Add to Cart
Overview

Municipal Debt Finance Law: Theory and Practice, Second Edition describes the law related to municipal debt finance and indicates the requirements that municipalities and states must satisfy in order to issue debt, the limitations on the amounts and kinds of debt that municipalities and states can issue, the rights of the creditors of municipalities and states, and the role of federal securities laws in regulating the issuance of debt by municipalities and states.

Municipal Debt Finance Law: Theory and Practice, Second Edition provides an examination of the legal principles underlying the issuance of debt by states and their political subdivisions. The book provides in-depth analysis of the conditions that must be satisfied prior to issuance of debt; state constitutional restrictions on the issuance of debt, such as the public purpose requirement, the prohibition on lending of credit, and debt limitations; the rights of bondholders; and federal regulation of municipal securities.

The world of municipal finance has undergone major transformations in the law regarding the conditions under which states and localities can issue debt, the form of transactions, and the regulation of bonds evidencing those debts. In addition, the fiscal environment surrounding states and their political subdivisions has been dramatically altered by the financial crisis of 2008. Terms that were unknown twenty years ago have become commonplace. More importantly, terms that were known but rarely uttered, such as “municipal bankruptcy,” have now become part of everyday conversation.

Municipal Debt Finance Law: Theory and Practice, Second Edition examines all of these issues including a new chapter on municipal bankruptcy. It emphasizes the basic principles and themes that dominate municipal finance. The new edition also covers key issues like the proper scope of liability for disclosure and the applicability of federal securities laws to municipal bonds.

Last Updated 01/01/0001
Update Frequency Updated annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 10045664-7777
Table of Contents

Chapter 1. INTRODUCTION TO MUNICIPAL DEBT FINANCE

  • §1.1 The Financial Role of Local Government—An Introduction to Public Finance
  • §1.2 A Brief History of State and Local Indebtedness
  • §1.3 The Classifications and Characteristics of Municipal Securities
  • §1.4 The Municipal Bond Market and the Mechanics of Bond Issuance

Chapter 2. PREREQUISITES TO ISSUANCE OF BONDS

  • §2.1 Introduction
  • §2.2 Source and Scope of the Power to Issue
  • §2.3 Local Accountability and the Judicial Definition of “Local Authority”
  • §2.4 Debt Elections
  • §2.5 Interlocal Agencies and Delegation of Municipal Power
  • §2.6 The Interstate Compact Clause
  • §2.7 Pre-Issuance Bond Validation
  • §2.8 Bond Elections and the Voting Rights Act

Chapter 3. PUBLIC PURPOSE AND LOAN OF CREDIT RESTRICTIONS ON THE USES OF BOND PROCEEDS

  • §3.1 Introduction: The Rationale and Historical Origins of Public Purpose Limitations
  • §3.2 State Constitutional Sources of the Public Purpose Doctrine
  • §3.3 The Federal Constitution as a Source of the Limitation
  • §3.4 Federal Constitutional Constraints on the Use of Bond Proceeds: First Amendment Considerations
  • §3.5 Defining Public Purpose
  • §3.6 An Economic View of Public Purpose
  • §3.7 Prohibitions on Gifts or Loans of Credit

Chapter 4. DEBT LIMITS AND THEIR AVOIDANCE

  • §4.1 Introduction and Overview
  • §4.2 The Various Forms of Debt Limitations
  • §4.3 Calculating “Taxable Property” to Determine the Amount of the Limitation
  • §4.4 Obligations Outside the Debt Limitation – The “Special Fund” Doctrine
  • §4.5 The Source of Repayment as a Measure of Debt: Ad Valorem Property Taxes and the Special Fund Doctrine
  • §4.6 Implications of the Special Fund Doctrine
  • §4.7 Financing Improvements, Extensions, and Additions to Existing Facilities as Elements of Debt
  • §4.8 Service Contracts as Debt
  • §4.9 “Take-or-Pay” Obligations as Debt
  • §4.10 Moral Obligations as Debt
  • §4.11 Tax Increment Financing as Debt
  • §4.12 Debt Limitations for Public Authorities and Special Districts
  • §4.13 Overlapping Jurisdictions and Overlapping Debt Limitations
  • §4.14 Conduit Financing: Building Authorities and Lease-Purchase Obligations as Debt Obligations
  • §4.15 A Critique of Debt Limitations

Chapter 5. RIGHTS OF BONDHOLDERS

  • §5.1 Introduction
  • §5.2 Security Arrangements in Revenue Bond Financings
  • §5.3 Events of Default
  • §5.4 The Right to Payment
  • §5.5 The Right Not to Have the Bondholders' Security Impaired: Introduction to the Contracts Clause
  • §5.6 To Whom Does the Contracts Clause Apply?
  • §5.7 What Constitutes a “Law” for Purposes of the Contracts Clause?
  • §5.8 What Constitutes an Impairment of the Obligation of Contract?
  • §5.9 What Does Not Constitutean Impairment?
  • §5.10 What Constitutes an Unconstitutional Impairment of Contract
  • §5.11 What Constitutes an Unconstitutional Impairment of Contract—Critique
  • §5.12 Invalid or Defective Bonds
  • §5.13 Contractual Rights of Bondholders
  • §5.14 Statutory Protections for Bondholders
  • §5.15 Municipal Debt Adjustment or “Bankruptcy”

Chapter 6. FEDERAL SECURITY LAW AND MUNICIPAL SECURITIES

  • §6.1 Introduction
  • §6.2 The Federal Securities Laws
  • §6.3 Definition of “Security”
  • §6.4 Rule 131
  • §6.5 What is a “Municipal Security?”
  • §6.6 Municipal Securities as “Exempt Securities”
  • §6.7 Guarantees as Securities and Exempt Securities
  • §6.8 Antifraud Provisions
  • §6.9 Disclosure
  • §6.10 Aiding and Abetting and Scheme Liability
  • §6.11 Rule 15c2-12
  • §6.12 The Roles of Participants in the Disclosure Process
  • §6.13 Mark-Ups and Yield-Burning
  • §6.14 Self-Regulation and the Municipal Securities Rulemaking Board
  • §6.15 State Securities Regulation
  • §6.16 Constitutional Issues in Federal Regulation of Municipal Securities

Table of Cases

Index

About The Experts
Volumes