Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (20)
- SelectedWorks (18)
- Selected Works (5)
- Villanova University Charles Widger School of Law (4)
- Duke Law (3)
-
- New York Law School (3)
- University of Georgia School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- Cornell University Law School (1)
- Pace University (1)
- Syracuse University (1)
- UIC School of Law (1)
- University of Cincinnati College of Law (1)
- University of Florida Levin College of Law (1)
- University of Michigan Law School (1)
- University of San Diego (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Seattle University (20)
- Seattle University Law Review (20)
- Corporations (19)
- Adolf Berle (18)
- Berle (18)
-
- Berle & Means (18)
- Berle symposium (18)
- Berle's footsteps (18)
- Corporate power (18)
- Corporate social responsibility (18)
- Law (18)
- Law Corporations and Society (18)
- Social welfare (18)
- Society (18)
- The Modern Corporation and Private Property (18)
- The modern corporation (18)
- Financial crisis (10)
- Corporate governance (8)
- Corporate law (6)
- Gardiner Means (6)
- Economics (5)
- Securities regulation (4)
- United States. Securities & Exchange Commission (4)
- Bank of America (3)
- Banking (3)
- Bernanke (3)
- Finance (3)
- Financial regulation (3)
- Ken Lewis (3)
- Market crash (3)
- Publication
-
- Seattle University Law Review (20)
- Bruno L. Costantini García (5)
- Faculty Scholarship (4)
- Villanova Law Review (4)
- Hari Priya (3)
-
- Michael Diathesopoulos (3)
- Articles (2)
- Cristie L. Ford (2)
- NYLS Law Review (2)
- Peter Hamner (2)
- Scholarly Works (2)
- Articles & Chapters (1)
- Arun Khatri (1)
- Bruno Ferreira (1)
- College of Law - Faculty Scholarship (1)
- Congressional Testimony (1)
- Cornell Law Faculty Publications (1)
- David J Reiss (1)
- Donald J. Kochan (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Erik F. Gerding (1)
- Faculty Articles and Other Publications (1)
- Franz P Hosp V (1)
- Michael Greenberger (1)
- Robert Rhee (1)
- San Diego International Law Journal (1)
- UF Law Faculty Publications (1)
- UIC Law Review (1)
- Publication Type
Articles 61 - 66 of 66
Full-Text Articles in Securities Law
Too Big To Fail?: Recasting The Financial Safety Net, Steven L. Schwarcz
Too Big To Fail?: Recasting The Financial Safety Net, Steven L. Schwarcz
Faculty Scholarship
Government safety nets in the United States and abroad focus, anachronistically, on problems of banks and other financial institutions, largely ignoring financial markets which have become major credit sources for consumers and companies. Besides failing to protect these markets, this narrow focus encourages morally hazardous behavior by large institutions, like AIG and Citigroup, that are "too big to fail." This paper examines how a safety net should be recast to protect financial markets and also explains why that safety net would mitigate moral hazard and help resolve the too-big-to-fail dilemma.
On Regulating Conflicts Of Interest In The Credit Rating Industry, Lin (Lynn) Bai
On Regulating Conflicts Of Interest In The Credit Rating Industry, Lin (Lynn) Bai
Faculty Articles and Other Publications
This paper discusses issues giving rise to conflict of interest concerns in the credit rating industry and examines whether and how those issues are addressed in the current regulation that builds on the guidelines of the Credit Rating Agency Reform Act of 2006, the SEC rules that were initially adopted in 2007 and recently amended in 2009, and the internal code of conducts of rating agencies. The examination leads to a conclusion that conflict of interest at the individual rating analyst level and some concerns of conflict of interest at the agency level have been largely addressed in the current …
Distorting Legal Principles, Steven L. Schwarcz
Distorting Legal Principles, Steven L. Schwarcz
Faculty Scholarship
Legal principles enable society to order itself by preserving broadly based expectations. Sometimes, however, parties transact in ways that are so inconsistent with generally accepted principles as to create uncertainty or confusion that undermines the basis for reasoning afforded by the principles. Such a distortion might occur, for example, if a normally mandatory legal rule were unexpectedly treated as a default rule. This article explores the problem of distorting legal principles, initially focusing on rehypothecation, a distortion whose uncertainty and confusion contributed to the downfall of Lehman Brothers and the resulting global financial crisis. But not all distortions are, on …
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
UIC Law Review
No abstract provided.
Populist Retribution And International Competition In Financial Services Regulation, Adam C. Pritchard
Populist Retribution And International Competition In Financial Services Regulation, Adam C. Pritchard
Articles
The pattern of regulatory reform in financial services regulation follows a predictable pattern in democratic states. A hyperactive market generates a bubble, the bubble deflates, and much financial pain ensues for those individuals who bought at the top of the market. The financial mess brings the scrutiny of politicians, who vow "Never again!" A political battle ensues, with representatives of the financial services industry fighting a rearguard action to preserve its prerogatives amidst cries for the bankers' scalps. Regulations, carefully crafted to win the last war, are promulgated. Memories fade of the foolish enthusiasm that fed the last bubble. Slowly, …
Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan
Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan
Donald J. Kochan
Black Tuesday in October 1929 marked a major crisis in American history. As we face current economic woes, it is appropriate to recall not only the event but also reflect on how it altered the legal landscape and the change it precipitated in the acceptance of governmental intervention into the marketplace. Perceived or real crises can cause us to dance between free markets and regulatory power. Much like the events of 1929, current financial concerns have led to new, unprecedented governmental intervention into the private sector. This Article seeks caution, on the basis of history, arguing that fear and crisis …