An emerging trend in financial services is banks' increasingly common refusal to do business with industries for political reasons rather than for traditional business justifications. Banks' refusals are often explained by a desire to make a difference or send a message. While this desire may...

An emerging trend in financial services is banks’ increasingly common refusal to do business with industries for political reasons rather than for traditional business justifications. Banks’ refusals are often explained by a desire to make a difference or send a message. While this desire...

This Article develops an analytic framework for understanding the role of uncertainty in regulatory design. It begins by differentiating between three types of uncertainty: legal uncertainty, factual uncertainty, and uncertainty about the application of law to fact. This framework highlights the...

In the past decade, the World Bank has promoted improving business environments as a key strategy for development, which has led to a significant amount of investment in collecting firm-level investment climate surveys across countries. What lessons have emerged from the papers using these new...

Corporate governance scandals inevitably raise concerns about the extent to which corporate directors failed in their responsibility to monitor the corporation and its managers, especially in terms of the latter's' misdeeds. Corporate governance reforms strive to shore up directors' roles by...

The United States represents the world’s largest market for pharmaceutical drugs. It is also the only advanced economy in the world that does not regulate drug prices. There is no upper threshold for the prices of medicines in the United States. List prices are instead set by manufacturers in...

Proxy advisory firms have become influential players in the financial markets as they offer important services to investors, including notably recommendations in the exercise of voting rights. The relationship between companies and shareholders thus depends, to a certain extent, on how well...

Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve public ends. Regulation concerning the identification and reduction of risk - from financial, data and homeland security risk to the risk of conflicts of interest - increasingly mandates broad...

For over three decades, money laundering has been an area of concern for policymakers and law enforcement, with significant efforts undertaken at national and international levels to combat it. Recently, laundering of criminal proceeds using real property has attracted increased attention...

Following concerns that the art market is being used to launder criminal money and fund terrorist activities, measures have recently been introduced to subject the market to the anti-money laundering (AML) regime – such as the EU 5th Money Laundering Directive (2018) and the US Illicit Art and...