A Behavioral Framework For Securities Risk,
2011
University of Florida Levin College of Law
A Behavioral Framework For Securities Risk, Tom C.W. Lin
UF Law Faculty Publications
This article provides the first critical analysis and redesign of the existing securities risk disclosure framework given new insights from the emerging, interdisciplinary field of behavioral economics. Disclosure is the principle at the heart of federal securities regulation. Beneath that core principle of disclosure is the basic assumption that the reasonable investor is the idealized über-rational person of neoclassical economic theory. Therefore, once armed with the requisite information investors presumably can protect themselves through rational choice. Descriptively, however, real investors are not like their rational, neoclassical kin. This article examines this incongruence between the idealized rational investor and the imperfect …
Open Government And The Implementation Of The Dodd-Frank Act,
2011
University of Miami School of Law
Open Government And The Implementation Of The Dodd-Frank Act, Caroline Bradley
Articles
No abstract provided.
Living Wills And Pre-Commitment,
2011
American University Washington College of Law
Living Wills And Pre-Commitment, Adam Feibelman
American University Business Law Review
No abstract provided.
Financial Regulation Reform And Too Big To Fail,
2011
American University Washington College of Law
Financial Regulation Reform And Too Big To Fail, Brett Mcdonnell
American University Business Law Review
No abstract provided.
Regulating Informational Intermediation,
2011
American University Washington College of Law
Regulating Informational Intermediation, Onnig H. Dombalagian
American University Business Law Review
No abstract provided.
Transparency Is The New Opacity: Constructing Financial Regulation After The Crisis,
2011
American University Washington College of Law
Transparency Is The New Opacity: Constructing Financial Regulation After The Crisis, Caroline Bradley
American University Business Law Review
No abstract provided.
Transparency And Contrarian Experts In Financial Regulation: A Brief Response To Professor Bradley,
2011
American University Washington College of Law
Transparency And Contrarian Experts In Financial Regulation: A Brief Response To Professor Bradley, Daniel Schwarcz
American University Business Law Review
No abstract provided.
The Terrible TousaS: Opinions Test The Patience Of Corporate Lending Practices,
2011
Georgia State University College of Law
The Terrible TousaS: Opinions Test The Patience Of Corporate Lending Practices, Jessica D. Gabel
Faculty Publications By Year
Two diametrically opposed decisions pit creditors against debtors. The case of troubled homebuilder TOUSA has generated shockwaves through the lending industry. Set against the backdrop of the housing collapse and risky lending, the bankruptcy court’s decision left secured creditors with a mixture of shock, anger, and worry over the repercussions. In that opinion, the bankruptcy court unwound a nearly $1 billion transaction of liens and loan proceeds, on grounds that the transactions drove the debtor company into the ground. In other words, the court found that a fraudulent transfer had occurred. Not surprisingly, the lenders appealed and the next decision …
Transparency Is The New Opacity: Constructing Final Regulation After The Crisis,
2011
University of Miami School of Law
Transparency Is The New Opacity: Constructing Final Regulation After The Crisis, Caroline Bradley
Articles
No abstract provided.
Activist Distressed Debtholders: The New Barbarians At The Gate?,
2011
University of Maryland Francis King Carey School of Law
Activist Distressed Debtholders: The New Barbarians At The Gate?, Michelle M. Harner
Faculty Scholarship
The term “corporate raiders” previously struck fear in the hearts of corporate boards and management teams. It generally refers to investors who target undervalued, cash-flush or mismanaged companies and initiate a hostile takeover of the company. Corporate raiders earned their name in part because of their focus on value extraction, which could entail dismantling a company and selling off its crown jewels. Today, the term often conjures up images of Michael Milken, Henry Kravis or the movie character Gordon Gekko, but the alleged threat posed to companies by corporate raiders is less prevalent—at least with respect to the traditional use …
Overwhelming A Financial Regulatory Black Hole With Legislative Sunlight: Dodd-Frank’S Attack On Systemic Economic Destabilization Caused By An Unregulated Multi-Trillion Dollar Derivatives Market,
2011
University of Maryland School of Law
Overwhelming A Financial Regulatory Black Hole With Legislative Sunlight: Dodd-Frank’S Attack On Systemic Economic Destabilization Caused By An Unregulated Multi-Trillion Dollar Derivatives Market, Michael Greenberger
Faculty Scholarship
It is now accepted wisdom that it was the non-transparent, poorly capitalized and almost wholly unregulated over-the-counter (“OTC”) derivatives market that lit the fuse that exploded the highly vulnerable worldwide economy in the fall of 2008.[1] Because tens of trillions of dollars of these financial products were pegged to the economic performance of an overheated and highly inflated housing market, the sudden collapse of that market triggered under-capitalized OTC derivative guarantees of the subprime housing market; and the guarantors’ multi-trillion dollar interconnectedness with thousands of other OTC derivatives’ counterparties within that OTC market (through interest rate, currency, foreign exchange, and …
Sovereignty, Accountability, And The Wealth Fund Governance Conundrum,
2011
American University Washington College of Law
Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern
Scholarly Articles in Law Reviews & Journals
Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of …
323 Non-Managing Underwriters’ Role In Securities Offerings: Just Eye Candy?,
2011
Fordham Law School
323 Non-Managing Underwriters’ Role In Securities Offerings: Just Eye Candy?, Elena Marty-Nelson
Fordham Journal of Corporate & Financial Law
While there is considerable scholarship on the due diligence defense of lead underwriters in defective corporate securities offerings, there is surprisingly little analysis of the due diligence defense of non-managing underwriters. This article challenges the common perception that lead and non-managing underwriters necessarily “sink or swim” together for purposes of due diligence. An analysis of the statutory structure of Section 11 of the Securities Act of 1933 reveals that non-managing underwriters are not inextricably tethered to the lead. Rather, non-managing underwriters who actively question the lead’s due diligence investigation should be able to meet their own affirmative defense even when …
Restoring Transparency To Automated Authority,
2011
Brooklyn Law School
Restoring Transparency To Automated Authority, Frank Pasquale
Faculty Scholarship
No abstract provided.
Giving State Tax Incentives To Corporations: How Much Is Too Much?,
2011
University of South Carolina
Giving State Tax Incentives To Corporations: How Much Is Too Much?, Kathleen E. Mcdavid
South Carolina Journal of International Law and Business
No abstract provided.
Incentivizing Economic Development: An Empirical Examination Of The Use Of Grants And Loans,
2011
University of South Carolina
Incentivizing Economic Development: An Empirical Examination Of The Use Of Grants And Loans, Robert T. Greenbaum, Daniele Bondonio
South Carolina Journal of International Law and Business
No abstract provided.
Bankruptcy’S Protection For Non-Debtors From Securities Fraud Litigation,
2011
Fordham Law School
Bankruptcy’S Protection For Non-Debtors From Securities Fraud Litigation, John M. M. Wunderlich
Fordham Journal of Corporate & Financial Law
Given the recent economic climate, the judiciary faces an all too familiar challenge: navigate through the web that is bankruptcy and securities fraud. So far, bankruptcy has evolved into a tool to resolve mass tort litigation, like securities fraud. However, this Article explores bankruptcy as a tool to resolve securities litigation against non-debtors, those that never file for bankruptcy protection. The protection the Bankruptcy Code provides to non-debtors, like officers and directors, goes largely unnoticed, much to the detriment of securities fraud victims. Mindful that we now are in the midst of another financial crisis and that attention will slowly …
Laudable Goals And Unintended Consequences: The Role And Control Of Fannie Mae And Freddie Mac,
2011
George Washington University
Laudable Goals And Unintended Consequences: The Role And Control Of Fannie Mae And Freddie Mac, Andrea J. Boyack
American University Law Review
No abstract provided.
Lyondell: A Note Of Approbation,
2011
University of Pennsylvania Law School
Lyondell: A Note Of Approbation, William W. Bratton
NYLS Law Review
No abstract provided.
The Wisdom Of Solomon: We Cannot Split The Pre-Embryos,
2011
Baylor University School of Law
The Wisdom Of Solomon: We Cannot Split The Pre-Embryos, Bridget M. Fuselier
Cardozo Journal of Equal Rights & Social Justice
The article addresses legal challenges surrounding the status and disposition of preembryos in Assisted Reproductive Technology (ART) by proposing a modified tenancy by the entirety framework. This model seeks to balance the dignity of preembryos with legal practicality, preventing ownership disputes and emotional conflicts. It emphasizes nonseverable rights, restrictions on transfer, and exclusion from probate to ensure clarity and fairness in preembryo disposition. The framework also aims to honor the intent of deceased providers while avoiding fractional ownership and inheritance disputes.
