“Legislating Market Winners” argues that certain enacted digital signature laws are premised upon false assumptions, and inappropriately enshrine a business model which would not evolve naturally in the marketplace. In attempting to solve an unsolvable liability allocation problem, such...

Investors face a dizzying array of choices regarding where to invest their funds and increasingly rely on experts for advice. Most advice about securities is provided by investment advisers or broker-dealers, legal categories with little meaning to most people but fraught with consequences....

Section 913 of the Dodd-Frank Act requires the U.S. Securities and Exchange Commission to conduct a study regarding gaps or deficiencies in the regulation of broker-dealers and investment advisers. These firms often perform similar functions but are regulated differently under an antiquated...

This article is a Festschrift contribution to honor the 70th birthday of Professor Joachim Hruschka. Professor Hruschka has enduring patience in exchanges with friends, colleagues, and students. I benefited much from his explanations of Kant's moral philosophy and this article is an attempt to...

This paper provides a detailed commentary of arts. 21 through 30 of the new Markets in Financial Instruments Directive (Directive 2014/65/EU, MiFID II). Its primary target audience is legal practitioners who want to inform themselves about the operating conditions for investment firms in Europe,...

We examine the cost-effectiveness, from the shareholders' perspective, of the accounting standards issued by the FASB during 1973-2009. In particular, we evaluate (i) the stock market reactions of firms affected by the standards surrounding events that changed the probability of issuance of...

Українську версію цієї статті можна знайти тут: 'http://ssrn.com/abstract=3012191' http://ssrn.com/abstract=3012191Russian Abstract: Рассмотрено возникновение и развитие производного (косвенного)...

Before deciding on operations involving share issuance or sale, companies or shareholders may seek to disclose information to selected investors, in order to gauge their opinion on the envisaged market operation. Such ‘market soundings' risk violating the prohibition of insider trading and yet...

Research in law, political science and economics has taken a strong interest in the way companies strategically incorporate in foreign jurisdictions. However, the empirical research about corporate mobility in the EU has so far been limited in two respects: it has focussed on the analysis of...