Topic
Financial Regulation
Posts
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ArticleVol. 92 · Iss. 6
Understanding the Failures of Market Discipline
“Market discipline”—the theory that short-term creditors can efficiently rein in bank risk through their self-interested actions—has been a central pillar of banking regulation since…
David Min -
ArticleVol. 92 · Iss. 5
Slouching Towards Monell: The Disappearance of Vicarious Liability Under Section 10(B)
Liability under section 10(b) of the Securities Exchange Act is one of the primary mechanisms for enforcing the federal securities laws. Section 10(b), however,…
Ann M. Lipton -
ArticleVol. 92 · Iss. 5
When Bank Examiners Get It Wrong: Financial Institution Appeals of Material Supervisory Determinations
Banks and credit unions sometimes complain that the examination process regulators use to police banking practices is oppressive. These financial institutions complain that regulators…
Julie Andersen Hill -
CommentaryVol. 91 · Iss. 4
Breaking Bad? Too-Big-To-Fail Banks Not Guilty As Not Charged
Since the 2008 financial crisis, rating agencies, regulators, global organizations, and academics have argued that large banks receive significant competitive advantages because the market…
Nizan Geslevich Packin -
ArticleVol. 97 · Iss. 5
Negative Activism
Shareholder activism has become one of the most important and widely studied topics in law and finance. To date, popular and academic accounts have…
Barbara A. Bliss, Peter Molk & Frank Partnoy -
NoteVol. 97 · Iss. 2
Blockchain Prediction Markets: Where They Came From, Why They Matter & How to Regulate Those Involved
The basis of CFTC prediction market jurisdiction stems from its interpretation of trades in prediction markets as swaps of commodity futures and options contracts. …
Joshua D. Dubin -
ArticleVol. 98 · Iss. 6
A Response to Calls for SEC-Mandated ESG Disclosure
This Article responds to recent proposals calling for the SEC to adopt a mandatory ESG-disclosure framework. It illustrates how the breadth and vagueness of these proposals…
Amanda M. Rose -
ArticleVol. 98 · Iss. 2
Banking on Democracy
The financial system is unequal and exclusionary even as it is supported, funded, and subsidized by public institutions. This is not just a flaw…
Mehrsa Baradaran -
ArticleVol. 90 · Iss. 3
Lies Without Liars? Janus Capital and Conservative Securities Jurisprudence
In Janus Capital Group, Inc. v. First Derivative Traders, the Supreme Court held that even if a mutual fund advisory firm had caused a…
Donald C. Langevoort -
ArticleVol. 90 · Iss. 3
The Trouble with Basic: Price Distortion after Halliburton
Many commentators credit the Supreme Court’s decision in Basic, Inc. v. Levinson, which allowed courts to presume reliance rather than requiring individualized proof, with…
Jill E. Fisch -
ArticleVol. 90 · Iss. 1
License to Deal: Mandatory Approval of Complex Financial Products
“There is definitely going to be another financial crisis around the corner because we haven’t solved any of the things that caused the previous…
Saule T. Omarova -
ArticleVol. 89 · Iss. 3
Marginalizing Risk
A major focus of finance is reducing risk on investments, a goal commonly achieved by dispersing the risk among numerous investors. Sometimes, however, risk…
Steven L. Schwarcz