Bibliography
Books
Articles and Essays
- A Current Assessment of Some Extraterritorial Impacts of the Dodd-Frank Act with Special Focus on the Volcker Rule and Derivatives Regulation, 5 Korean Journal of Banking & Financial Law 3-28 (2012)
- Betting Big: Value, Caution and Accountability in an Era of Large Banks and Complex Finance, 31 Review of Banking & Financial Law 765-879 (2011-2012)
- Capture Nuances in the Contest for Financial Regulation, 47 Wake Forest Law Review 537-568 (2012)
- Fundamental Forces Driving United States and International Financial Regulation Reform, 6 Sungkyunkwan Journal of Science & Technology Law 105-121 (2012)
- Understanding Regulatory Capture: An Academic Perspective from the United States, in The Making of Good Financial Regulation: Towards a Policy Response to Regulatory Capture 31-39 (Stefano Pagliari, ed., 2012)
- Adaptive Regulation in the Amoral Bazaar, 128 South Africa Law Journal (2011) Twelfth Oliver Schreiner Memorial Lecture, School of Law, University of the Witwatersrand, Johannesburg, South Africa (20 October 2010)
- Capture in Financial Regulation: Can We Redirect It Toward the Common Good?, 21 Cornell Journal of Law & Public Policy 175-200 (2011)
- Did We Tame the Beast: Views on the US Financial Reform Bill, 2 Journal of Regulation & Risk North Asia 209-217 (Summer/Autumn 2010)
- Exploring the WFO Option for Global Banking Regulation, Discussion Paper at panel on "Global and Domestic Financial Regulation," Globalisation and Governance Conference 2010, Mandela Institute, Johannesburg, South Africa (October 15, 2010).
- Resolved: The Federal Government Should Ensure that No Firm is too Big to Fail, in Debating Reform: Conflicting Perspectives on How to Fix the American Political System 297-313 (Richard Ellis & Michael Nelson eds., CQ Press 2010) (with Terry Hynes)
- The Internationalization of Law: The 'Complex' Case of Bank Regulation, in The Internationalisation of Law: Legislating, Decision-Making, Practice and Education 1-33 (Mary E. Hiscock & William Van Caenegem eds., Edward Elgar, 2010)
- Reforming Legal Ethics in a Regulated Environment: An Introductory Overview, 8 Georgetown Journal of Legal Ethics 181-217 (1995)
- Administrative and Judicial Review of Prompt Corrective Action Decisions by the Federal Banking Regulators, 7 Administrative Law Journal of American University 505-588 (1994)
- Laborers in Different Vineyards: The ABA Working Group on Lawyers' Representation of Regulated Clients, Duke Law Magazine, Winter, 1994, at 4
- Overview of Federal Regulatory Attempts at Guidance or Control of Attorney Conduct, in Reforming Legal Ethics in a Regulated Environment (ALI-ABA, 1994)
- Fiduciary Issues in Federal Banking Regulation, 56 Law & Contemporary Problems 7-44 (Winter 1993)
- Rule-Making and Policy Formulation in South African Administrative-Law Reform, 1993 Acta Juridica 176-196
- The New Regulatory Enforcement Powers of the Federal Banking Regulators, 1993 Banking Law Institute F1
- The Rule of Too Much Law? The New Safety/Soundness Rulemaking Responsibilities of the Federal Banking Agencies, 47 Consumer Finance Law Quarterly Report 210-219 (Summer 1993)
- The Interplay Between Enforcement Authority and Prompt Corrective Action: Agency Discretion, Judicial Review and Due Process, in Prompt Corrective Action for Banks and Thrifts: How to Survive Under the FDIC Improvement Act of 1991 63 (Georgetown University Law Center, 1992)
- Book Review, Duke Law Magazine, Summer, 1991, at 31 (reviewing Donald L. Horowitz, A Democratic South Africa? Constitutional Engineering in a Divided Society (1991))
- Judicial Responses to the Recent Enforcement Activities of the Federal Banking Regulators, 59 Fordham Law Review S193-S242 (1991)
- Federal/State Administrative Law: A Comparison of the State and Federal Systems, in A Practitioner's Guide to Administrative Law V1-V22 (North Carolina Bar Association Foundation, 1990)
- Life in the Administrative Track: Administrative Adjudication of Claims against Savings Institution Receiverships, 1988 Duke Law Journal 422-538
- A Judicial Declaration of Martial Law, 3 South African Journal on Human Rights 317-322 (1987)
- Apartheid and the South African Judiciary, Duke Law Magazine, Summer 1987, at 9
- Doctors on Trial: Steve Biko, Medical Ethics, and the Courts, 1 South African Journal on Human Rights 137-151 (1985)
- Legal Education and Public Policy, 1 Natal University Law & Society Review 15-31 (1985) (text from Inaugural Lecture at the University of Natal (Oct. 17, 1984))
- S.29 of the Internal Security Act and the Rule of Law, 17(6) Reality 1985, at 4.
- Administrative Institutions and the Administrative Process, 1984 Annual Survey of South African Law 32-67
- Book Review, Administrative Law, 101 South African Law Journal 394-396 (1984) (reviewing P.P. Craig, Administrative Law (1983))
- Pure Comparative Law and Legal Science in a Mixed Legal System, 16 Comparative & International Law Journal of Southern Africa 84-99 (1983)
- 'The State' and Other Basic Terms in Public Law, 99 South African Law Journal 212-236 (1982)
- Busfare Increases and Administrative Irregularities, 98 South African Law Journal 308-320 (1981)
- Constitutionalism, Bureaucracy, and Corporatism,in Natal and Kwazulu: Constitutional and Political Options 75-108 (Laurence Boulle & Lawrence Baxter eds., Juta & Co. 1981).
- Curing Defects of Natural Justice by Appeal, 97 South African Law Journal 113-125 (1980)
- Lipschitz v. Wattrus, 43 Tydskrif Vir Hedendaagse Romeins-Hollandse Reg 324-328 (1980)
- Civil Litigation and Jura Novit Curia, 96 South African Law Journal 531-540 (1979)
- Fairness and Natural Justice in English and South African Law, 96 South African Law Journal 607-639 (1979)
Newspaper Articles and Commentary
- Has the Great Big-Bank Die Off Begun?, Seeking Alpha (July 11, 2012)
- Finally a Bridge to Somewhere, Huffington Post, February 27, 2009 (with James Cox & Bill Brown)
- Size Really Does Matter, Baseline Scenario, July 23, 2009
- Why Government Regulators Need Corporate 'Boot Camp', Washington Post, May 28, 2009 (with Joel McPhee)
