This Article offers an analysis of the clean hands doctrine. The doctrine spans every conceivable controversy and effectively eliminates rights. A number of state and federal courts no longer restrict unclean hands to equitable remedies or preserve the substantive version of the defense. It has...

The Article proposes a novel mechanism by which financial regulatory agencies, such as the U.S. Securities and Exchange Commission (“SEC”), can engage in a more empirically informed rulemaking process from an ex ante perspective. Suppose an agency is considering adopting a rule that applies...

We investigate the assertion that fair valuation of financial instruments exacerbated the 2008 financial crisis. We focus on the 4th quarter of 2008 following the Lehman Brothers bankruptcy, the Reserve Primary fund “breaking the buck” and other adverse events. Our central finding is that...

The theoretical engagement with the law of Equity has never been so popular as nowadays. This immensely important body of law is now attracting the attention of private law theoreticians as questions that were first raised by Aristotle take a modern twist, and entrenched traditions are being...

Pay inequality, tax avoidance, abuse of superior bargaining power, pollution... the list of corporate misdeeds seems to keep growing. No company wants to be labelled as being guilty of any of these practices. Therefore some mention of corporate social responsibility has become de rigueur in...

This Review discusses three developments in equity jurisprudence drawn from significant recent decisions of the Privy Council, the House of Lords, the High Court of Australia and Supreme Court of Canada. The developments are of importance and interest in New Zealand

Define total risk as all possible outcomes and their probabilities. In this case, expected value – probability weighted average – of outcomes represents average figure around which the risk is distributed. Assume also that total return from an asset represents compensation for the total risk...