Recent faculty scholarship pertaining to financial crisis, regulatory reform, systemic risk, and sovereign debt
David F. Levi
Dean and Professor of Law
Prior to his appointment as dean of Duke Law School in July 2007, Levi was the Chief United States District Judge for the Eastern District of California, with chambers in Sacramento. By appointment of the chief justice of the United States, he was chair of the Civil Rules Advisory Committee (2000-2003) and chair of the Standing Committee on the Rules of Practice and Procedure (2003-2007). He currently serves as a member of that committee.
Lawrence Baxter
Professor of the Practice of Law
Baxter focuses his teaching and scholarly research on the evolving regulatory environment, domestically and internationally, for financial services and beyond. A member of the Duke Law faculty from 1986 to 1995, Baxter returned in 2009 after more than a decade with Wachovia Corp., where he most recently led the bank’s eCommerce initiatives.
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Betting Big: Value, Caution and Accountability in an Era of Large Banks and Complex Finance, 31 Review of Banking & Financial Law (forthcoming 2012)
http://scholarship.law.duke.edu/faculty_scholarship/2317/ -
Adaptive Regulation in the Amoral Bazaar, 128 South African Law Journal 253-272 (2011)
http://scholarship.law.duke.edu/faculty_scholarship/2346/ or http://ipproducts.jutalaw.co.za/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu -
Exploring the WFO Option for Global Banking Regulation, in Globalisation and Governance 113-124 (Laurence Boulle ed., Syber Ink 2011)
http://scholarship.law.duke.edu/faculty_scholarship/2348/ -
Capture in Financial Regulation: Can We Redirect It Toward the Common Good?, 21 Cornell Journal of Law & Public Policy 175-200 (2011)
http://scholarship.law.duke.edu/faculty_scholarship/2355/ -
The Internationalization of Law: The “Complex” Case of Bank Regulation in The Internationalisation of Law: Legislating, Decision-Making, Practice and Education 1-33 (William Van Caenegem & Mary E. Hiscock eds., 2010)
http://scholarship.law.duke.edu/faculty_scholarship/1986/ -
Did We Tame the Beast: Views on the US Financial Reform Bill, 2 Journal of Regulation & Risk North Asia 209-217 (2010)
http://scholarship.law.duke.edu/faculty_scholarship/2264/
Bill Brown ’80
Professor of the Practice of Law
Brown is cofounder of Palmer Labs, LLC, and 8 Rivers Capital, LLC, which focus on financing and commercializing technologies in a range of areas. He joined the faculty in 2009 after holding leadership positions at Goldman Sachs & Co., AIG International, and Morgan Stanley. His teaching focuses on entrepreneurship, business law, business planning, capital markets, and corporate finance.
James Cox
Brainerd Currie Professor of Law
A leading expert in corporate and securities law, Cox’s classes include Corporate Finance, Securities Regulation, Current Issues in Law & Markets, and Strategies in Business Transactions. He has published extensively in the areas of market regulation, corporate governance, and securities class actions, and testified before the U.S. House and Senate on insider trading, class actions, and market reform issues.
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The Emperor Has No Clothes: Confronting the DC Circuit’s Usurpation of SEC Rulemaking Authority (March 4, 2012)(working paper, with Benjamin J.C. Baucom)
http://scholarship.law.duke.edu/faculty_scholarship/2529/ -
Securities Class Actions as Public Law, 160 University of Pennsylvania Law Review PENNumbra 73-85 (2011)
http://scholarship.law.duke.edu/faculty_scholarship/2500/ -
The Paradoxes of Dodd-Frank, 85 Australian Law Journal 210-213 (2011)
http://scholarship.law.duke.edu/faculty_scholarship/2495/ -
Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms, 158 University of Pennsylvania Law Review 1877-1914 (2010)(with Lynn Bai and Randall S. Thomas)
http://scholarship.law.duke.edu/faculty_scholarship/2178/ -
Mapping the American Shareholder Litigation Experience: A Survey of Empirical Studies of the Enforcement of the U.S. Securities Law, 6 European Company & Financial Law Review 164-203 (2010)(with Randall S. Thomas)
http://scholarship.law.duke.edu/faculty_scholarship/2329/ -
Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses, 2009 Wisconsin Law Review 421-453 (2009)(with Randall S. Thomas and Lynn Bai)
http://scholarship.law.duke.edu/faculty_scholarship/2086/ -
Coping in a Global Marketplace: Survival Strategies for a 75-Year-Old SEC, 95 Virginia Law Review 941-987 (2009)
http://scholarship.law.duke.edu/faculty_scholarship/1969/ -
There Are Plaintiffs and ... There Are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements, 61 Vanderbilt Law Review 355-386 (2008)(with Randall S. Thomas and Lynn Bai)
http://scholarship.law.duke.edu/faculty_scholarship/2159/ -
Financial Regulation in a Global Market Place: Report of the Duke Global Capital Markets Roundtable, 18 Duke Journal of Comparative & International Law 239-252 (2007)(with Edward F. Greene)
http://scholarship.law.duke.edu/djcil/vol18/iss1/6/
Steven Schwarcz
Stanley A. Star Professor of Law and Business
Schwarcz is a top scholar in the areas of insolvency and bankruptcy law; international finance, capital markets, and systemic risk; and commercial law. Before entering the academy he represented top banks and financial institutions in structuring innovative capital market financing transactions and helped to pioneer the field of asset securitization. He has testified in Congress and written extensively on matters relating to the financial crisis and systemic risk.
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Keynote Address: Understanding the Subprime Financial Crisis, 60 S. C. L. Rev. 549 (2009) (invited keynote address at law review symposium on the subprime mortgage crisis)
http://ssrn.com/abstract_id=1288687 -
Disclosure’s Failure in the Subprime Mortgage Crisis, 2008 Utah. L. Rev. 1109 (invited article in symposium issue on the subprime mortgage meltdown)
http://ssrn.com/abstract_id=1113034 -
Rethinking the Disclosure Paradigm in a World of Complexity, 2004 U. Illinois L. Rev. 1 (2004)
http://ssrn.com/abstract=336685 -
Regulating Shadow Banking (Inaugural Address at the Boston University Review of Banking & Financial Law Inaugural Symposium forthcoming in that Review)
http://ssrn.com/abstract=1993185 -
Regulating Complexity in Financial Markets, 87 Wash. U. L. Rev. 211 (2009/2010)
http://ssrn.com/abstract_id=1240863 -
Controlling Financial Chaos: The Power and Limits of Law, 2012 Wisconsin Law Review issue no. 3 (forthcoming 2012)
http://ssrn.com/abstract=2016434 -
Marginalizing Risk, 89 Wash. U. L. Rev. 487 (2012)
http://ssrn.com/abstract=1721606 -
Conflicts and Financial Collapse: The Problem of Secondary-Management Agency Costs, 26 Yale J. on Reg. 457 (Summer 2009) (invited essay in symposium issue on the future of financial regulation)
http://ssrn.com/abstract_id=1322536 -
Systemic Risk, 97 Georgetown Law Journal 193 (2008)
http://ssrn.com/abstract_id=1008326 -
Regulating Systemic Risk: Towards an Analytical Framework (with Iman Anabtawi), 86 Notre Dame L. Rev. 1349 (2011)
http://ssrn.com/abstract=1735025
Mitu Gulati
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Collective Action Clauses for the Eurozone: An Empirical Analysis (May 07, 2012)(with Michael Bradley)
http://scholarship.law.duke.edu/faculty_scholarship/2455/ -
Making a Voluntary Greek Debt Exchange Work, Capital Markets Law Journal (forthcoming 2012)(with Jeromin Zettelmeyer)
http://scholarship.law.duke.edu/faculty_scholarship/2481/ -
Engineering an Orderly Greek Debt Restructuring, (January 29, 2012)(with Jeromin Zettelmeyer)
http://scholarship.law.duke.edu/faculty_scholarship/2489/ -
Sovereign Snake Oil, Law & Contemporary Problems (forthcoming) (2011)(with Anna Gelpern)
papers.ssrn.com/sol3/papers.cfm?abstract_id=1732650 -
Greek Debt: The Endgame Scenarios (April 18, 2011)(with Lee C. Buchheit)
http://scholarship.law.duke.edu/faculty_scholarship/2380/ -
Drafting a Model Collective Action Clause for Eurozone Sovereign Bonds, 6 Capital Markets Law Journal 317-325 (2011)(with Lee C. Buchheit)
http://scholarship.law.duke.edu/faculty_scholarship/2385/ -
Mitu Gulati et al., Pricing Terms in Sovereign Debt Contracts: A Greek Case Study With Implications for the European Crisis Resolution Mechanism, 6 Capital Markets Law Journal 163-187 (2011)(with Stephen J. Choi and Eric A. Posner)
http://scholarship.law.duke.edu/faculty_scholarship/2303/ -
Stephen J. Choi et al., Political Risk and Sovereign Debt Contracts (John M. Olin Law & Economics (2d Series), Working Paper No. 583, 2011)(with Stephen J. Choi and Eric A. Posner)
http://scholarship.law.duke.edu/faculty_scholarship/2476/ -
Foreword: Of Lawyers, Leaders, and Returning Riddles in Sovereign Debt, 73 Law and Contemporary Problems i-xii (Fall 2010)(with Anna Gelpern)
http://scholarship.law.duke.edu/lcp/vol73/iss4/1/ -
Responsible Sovereign Lending and Borrowing, 73 Law and Contemporary Problems 63-92 (Fall 2010)(with Lee C. Buchheit)
http://scholarship.law.duke.edu/lcp/vol73/iss4/7/ -
How to Restructure Greek Debt (2010)(with Lee C. Buccheit)
http://scholarship.law.duke.edu/faculty_scholarship/2336/ -
The Coroner’s Inquest: Ecuador’s Default and Sovereign Bond Documentation, Authors' manuscript, published at 28International Financial Law Review 22-25 (Sept. 2009)(with Lee C. Buchheit)
http://scholarship.law.duke.edu/faculty_scholarship/2189/
Kimberly D. Krawiec
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Don’t 'Screw Joe the Plummer': The Sausage-Making of Financial Reform (March 25, 2012)
http://scholarship.law.duke.edu/faculty_scholarship/2445/ -
The Return of the Rogue, 51 Arizona Law Review 127-174 (2009)
http://scholarship.law.duke.edu/faculty_scholarship/1976/
Selected student scholarship pertaining to the European debt crisis:
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Melissa Boudreau, “Restructuring Sovereign Debt Under Local Law: Are Retrofit Collective Action Clauses Expropriatory?,” 2 Harvard Business Law Review Online 164 (May 8, 2012)
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1979238 -
Keegan Drake “Disenfranchisement in Sovereign Bonds,” (Feb. 17, 2012)
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2007294 -
Melissa Boudreau, Matt McGuire, Logan Starr, and Andrew Yates, “A (Voluntary) Offer They Can't Refuse: Restructuring Italy's Sovereign Debt,” (June 7, 2012)
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2079715 - The New York Times:An Architect of a Deal Sees Greece as a Model
- Reuters: The Man Behind Greece’s Debt Restructuring
Related blogs:
http://www.theparetocommons.com/
Ted Kaufman’s regular commentary for The Huffington Post and Delaware Online and other publications can be found at www.tedkaufman.com.