Definitions are essential in any regulatory regime and federal securities regulation is no exception. The most fundamental definition under federal and state securities regulation is for the term “security.” The application of multiple statutes, hundreds of administrative rules, and...

Financial Technologies (FinTech) lie at the heart of disruptive innovation comprising critical infrastructure for much of modern business practice and national security. Modern FinTech sectors are data driven – startup finance, commodities and investment instrumentation, payment systems,...

This paper narrates a biblical story - Eve's ingestion of the forbidden fruit - and analogizes it to a recent business law story that I explore in my scholarship and use in my teaching - Martha Stewart's sale of ImClone stock as alleged insider trading. The analogy, while imperfect, helps expose...

From March 3 to March 5, 2010, the German Association for Law and Society and the University of Bremen hosted a Conference on "Transnationalism in Law, State and Society". Part of this conference was a panel on transnational financial markets regulation. The aim of this panel was to ask some...

This paper develops a theory in which regulatory enforcement and investments are jointly determined by economic fundamentals. Enforcement disciplines misreporting of investment outcomes, which reduces reporting biases as well as market discounts, benefiting entrepreneurship. However, a...

This article discusses the 2008 "clarification" of the Sukuk Standard of the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI). The clarification was issued by the Shariah Committee of AAOIFI in response to a review of all outstanding sukuk at the time. The...

Non-fungible tokens (NFTs) are unique tokens stored on a digital ledger – the blockchain. They are meant to represent unique, non-interchangeable digital assets, as there is only one token with that exact data. Moreover, the information attached to the token cannot be altered as on a regular...

Non-fungible tokens (NFTs) are unique tokens stored on a digital ledger – the blockchain. They are meant to represent unique, non-interchangeable digital assets, as there is only one token with that exact data. Moreover, the information attached to the token cannot be altered as on a regular...

This article presents research on all sukuk issuances from inception of the sukuk markets (pre-2001) to November of 2008 in terms of US dollar volume and number of issuances. It presents an analysis of those issuances by industry, structural type, structural type in each year, and tenor, among...