This article looks at New Zealand's conduct of business rules for financial advisers. It compares New Zealand's rules to conduct of business rules applicable in the United Kingdom and Australia. There are major respects in which New Zealand's conduct of business rules fall behind best practice,...

The EU recently established new supranational financial supervision authorities — ESAs — capable of adopting binding supervisory decisions. The upgraded regulatory framework also inaugurated judicial review by a newly established Board of Appeal and the Court of Justice against these...

Regulation is often casually conceived of as functioning like a binary on/off switch: as if an area, issue, or industry is either regulated or not. While this binary model of regulation can be useful, it also decontextualizes regulatory decisions from their position in time, and thus obscures...

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) has raised the stakes for financial regulation by requiring more than twenty federal agencies to promulgate nearly 400 new rules. Scholars, regulated entities, Congress, courts, and the agencies themselves have all...

This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the...

This is the annual survey of major legal and regulatory developments affecting the automobile financing. The survey is part of the larger annual survey of legal developments by the American Bar Association's Committee on Consumer Financial Services. This year’s auto finance survey reports on a...

Baseball, America's National Pastime, provides an apt illustration of the North American model of sports and how U.S. professional sports leagues are internally governed and externally regulated by public laws. This article describes how U.S. law has influenced the development of U.S....

The Biden Administration has signaled an interest in ensuring that regulations appropriately benefit vulnerable and disadvantaged communities. Prior presidential administrations since at least the Reagan Administration have focused on ensuring that regulations are efficient, maximizing the net...

In the wake of the recent financial crisis, Congress has sought to regulate the proprietary trading activities of Wall Street banks. The Volcker Rule, passed into law as section 619 of the Dodd-Frank Act, bans proprietary trading for deposit-taking banks and bank holding companies with...