This article concerns the classification of the corporate governance system of Australia's listed market. Claims are often made that it is an outsider system of ownership and control, similar to that of the UK and the US. Through an examination of share ownership patterns, institutional investor...

This article argues that a significant amount of law is privately made and suggests that privately made law should be subjected to the same kinds of questioning as publicly made law, considering in the end whether privately made law might be considered quot;molecular federalism.quot; Private...

In 2004, the property-casualty insurance industry was roiled by a scandal unparalleled in its history, with the world's largest insurance broker, Marsh amp; McLennan, accused of defrauding customers by rigging bids to maximize its own profits. In addition to its sensational bid-rigging charges,...

This paper elaborates on a basic model of mass tort litigation, highlighting the existence of positive informational externalities afforded by the discovery process (as a general technology of production of evidences) in order to study when a class action is formed, or when a sequence of...

This Critique takes issue with four of the main assertions of the American Bankers Association's Study on Credit Card Regulation. First, this Critique addresses the ABA Study's claim that credit card pricing is risk-based and demonstrates that only certain elements of card pricing are marginally...

In this article, I expand upon a happy coincidence (for scholars) in reconciling the overlap between contract and fraud. Both the recent book by Ian Ayres and Gregory Klass and the Delaware Court of Chancery in Abry Partners Acquisition V, L.P. v. Famp; W Acquisition, LLC addressed the issue of...

The Securities and Exchange Commission has recently attempted to establish a new form of insider trading: the use of nonpublic information about mutual fund portfolio holdings to engage in fund arbitrage. In a series of settled cases, the SEC has alleged that fund managers violated rules...

Credit Rating Agencies (CRAs) influence investor behavior and regulate issuers' access to financial markets and thus, they act as markets' gatekeepers. Further, given the statutory requirements for rating of securities before trading can commence thereon, CRAs occupy an intriguing inter-twined...

This Article examines procedural protections that safeguard substantive rights in administrative adjudications. Federal administrative agencies essentially conduct trials without a jury or an Article III judge, and their decisions are afforded deferential judicial review. Agencies also directly...

This Article offers a comprehensive examination of the Skidmore standard for judicial review of agency legal interpretations as applied by the courts in the period since the Supreme Court revitalized Skidmore in United States v. Mead Corp. First, the Article documents an empirical study of five...