The U.S. tri‐party repo market is one of the most active and liquid in global capital markets. Even more specialized than traditional repo, tri‐party repo has often operated in the shadows of global finance. The U.S. Federal Reserve, however, has helped make this market more transparent and...

The concept of racial capitalism has been embraced by scholars and activists as a means of exploring the common roots of contemporary social and ecological crises. These include unprecedented environmental degradation, extreme economic inequality, the resurgence of authoritarian...

The purpose of this paper is to understand the incentive effects of existing compensation mechanisms in case of the bankruptcy of a financial institution. The paper uses insights of law and economics to predict the effects of compensation mechanisms on the incentives of depositors, financial...

Commentary about the Supreme Court’s 2021 decision in United States v. Arthrex, Inc., has focused on the nexus of patent and administrative law. But this overlooks a seismic and as-yet unappreciated copyright implication of the decision: it renders the Copyright Royalty Board (CRB)...

This article explores how the theory of, “responsive regulation,” might guide historical inquiry into the American origins of the global financial crisis. Part I of the article briefly lays out some key ideas of the, “responsive regulation,” literature, and sketches how advocates of this...