Non- and Deferred Prosecution Agreements (N/DPAs) are controversial because prosecutors, not judges or the legislature, are changing the governance of leading public corporations and entire industries. To analyze N/DPAs’ corporate governance implications and provide policy makers with guidance, the authors code all publicly available N/DPAs (N=271) from 1993 to 2013, identifying 215 governance categories and […]Read more "The Effect of Non- and Deferred Prosecution Agreements on Corporate Governance: Evidence from 1993-2013"
University of St. Thomas Law Journal Spring Symposium Friday, April 11, 2014, Minneapolis, MN co-sponsored by the Holloran Center for Ethical Leadership in the Professions 7 hours CLE pending approval – REGISTER NOW SPEAKERS Steven L. Schwarcz, keynote Duke University School of Law Roberta Romano Yale Law School Erik F. Gerding University of Colorado Law School Kimberly […]Read more "Conference Announcement: Beyond Crises-Driven Regulation – Initiatives for Sustainable Financial Regulation"
Despite the role of collateralized debt obligations (CDOs) in the financial crisis of 2007-08, CDOs and other high risk investment products may soon be available again and are likely to proliferate. The WSJ reports that J.P. Morgan Chase and Morgan Stanley bankers are assembling synthetic CDOs to satisfy demand for structured products by investors who seek high […]Read more "The Return of CDOs – Do We Need Dynamic Elements in Financial Regulation?"
Governance adjustments via stable rules in reaction to financial crises are inevitably followed by relaxation, revision, and retraction. The economic conditions and the corresponding requirements for optimal and stable rules are constantly evolving, suggesting that a different set of rules could be optimal. Despite the risk of future crises, anticipation of future developments and preemption […]Read more "Dynamic Regulation of the Financial Services Industry"
The literature on New Institutional Economics (NIE) evaluates the relationship between public and private rulemaking in the evolution of law. This paper introduces the concept of dynamic regulation as an optimization process for the learning experience in the NIE framework. Dynamic regulation describes intra- and inter-jurisdictional feedback effects between different public rulemakers and between private […]Read more "Evolution of Law: Dynamic Regulation in a New Institutional Economics Framework"
Link to the paper: Forum Competition and Choice of Law Competition. Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Australia Bank Wulf A. Kaal University of St. Thomas, Minnesota – School of Law Richard W. Painter University of Minnesota Law School 2012 Minnesota Law Review, Vol. 97, 2012 U of St. Thomas Legal Studies Research Paper No. […]Read more "January 6, 2013: Paper Presentation at Annual Meeting of the Association of American Law Schools"