Articles

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A Financial Economic Theory of Punitive Damages, 111 Michigan Law Review (2012)

This Article provides a financial economic theory of punitive damages. The core problem, as the...

 

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Ethical issues in Business and the Lawyer's Role (with Carol Morgan, Tamar Frankel, and Mark Fagan), 12 Transactions: the Tennessee Journal of Business Law 37 (2011)
 

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On Legal Education and Reform: One View Formed from Diverse Perspectives, 70 Maryland Law Review 310 (2011)

This article identifies two interconnected problems in legal education. First, legal education and practice are...

 

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The Law School Firm (with Bradley T. Borden), 63 South Carolina Law Review (2011)

This Article introduces the concept of the law school firm. The concept calls for law...

 

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A Production Theory of Pure Economic Loss, 104 Northwestern University Law Review 49 (2010)

Although the pure economic loss rule has been remarkably durable in the common law, it...

 

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Bonding Limited Liability, 51 William & Mary Law Review 1417 (2010)

Limited liability is considered a “birthright” of corporations. The concept is entrenched in legal theory,...

 

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Fiduciary Exemption for Public Necessity: Shareholder Profit, Public Good, and the Hobson's Choice during a National Crisis, 17 George Mason Law Review (2010)

This Article is written as two discrete, independently accessible topical sections. The first topical section,...

 

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The Decline of Investment Banking: Preliminary Thoughts on the Evolution of the Industry 1996-2008, 5 Journal of Business & Technology Law 75 (2010)

In this paper, I provide a basic, preliminary financial analysis of several prominent, independent investment...

 

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The Madoff Scandal, Market Regulatory Failure and the Business Education of Lawyers, 35 Journal of Corporation Law 363 (2010)

This essay suggests that a deficiency in legal education is a contributing cause of the...

 
Faculty Colloquia, Spring 2009 Series (with Alfred L. Brophy, Dennis D. Crouch, Zanita Fenton, Mitu Gulati, Scott Hershovitz, Christine Hurt, Joseph Scott Miller, Juliet M. Moringiello, Robert Steinbuch, and Brian Z. Tamanaha), Colloquia (2009)

Spring 2009 Presenters:

January 26: Dennis D. Crouch (University of Missouri School of Law)

February...

 
Faculty Colloquia, Spring 2009 Series (with Alfred L. Brophy, Dennis D. Crouch, Zanita Fenton, Mitu Gulati, Scott Hershovitz, Christine Hurt, Joseph Scott Miller, Juliet M. Moringiello, Robert Steinbuch, and Brian Z. Tamanaha), Colloquia (2009)

Spring 2009 Presenters:

January 26: Dennis D. Crouch (University of Missouri School of Law)

February...

 

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Reflections on the Financial Crisis, 2009 JD Alumni Magazine 34 (2009)
 

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Toward Procedural Optionality: Private Ordering of Public Adjudication, 84 New York University Law Review 514 (2009)

Private resolution and public adjudication of disputes are commonly seen as discrete, antipodal processes. There...

 

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Corporate Ethics, Agency, and the Theory of the Firm, 3 Journal of Business & Technology Law 309 (2008)

This conference paper suggests that the problem of corporate ethics cannot be reduced to the...

 

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Tort Arbitrage, 60 Florida Law Review 125 (2008)

The economic models of bargaining and tort law have not been integrated into a coherent...

 

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Probability, Policy and the Problem of Reference Class, 11 International Journal of Evidence and Proof 286 (2007)

This short paper focuses on the problem of reference class in evidentiary assessment as it...

 

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The Effect of Risk on Legal Valuation, 78 University of Colorado Law Review 193 (2007)

From a financial economic perspective, the governing condition of a meritorious civil action is the...

 

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The Socratic Method and the Mathematical Heuristic of George Polya, 81 St. John's Law Review 881 (2007)

A number of commentators have observed the decline of the Socratic method. This is unfortunate...

 

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A Price Theory of Legal Bargaining: An Inquiry into the Selection of Settlement and Litigation Under Uncertainty, 56 Emory Law Journal 619 (2006)

Conventional wisdom says that economic surplus is created when the cost of litigation is foregone...

 

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Catastrophic Risk and Governance After Hurricane Katrina: a Postscript to Terrorism Risk in a Post-9/11 Economy, 38 Arizona State Law Journal 581 (2006)

This essay inquires into the political economy and system of governance that have made catastrophes...

 

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Terrorism Risk in a Post-9/11 Economy: The Convergence of Capital Markets, Insurance, and Government Action, 37 Arizona State Law Journal 435 (2005)

September 11 changed the American economy and the global insurance market. The insurance industry no...

 

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A Principled Solution for Negligent Infliction of Emotional Distress Claims, 36 Arizona State Law Journal 805 (2004)

This article examines negligent infliction of emotional distress, one of the most controversial and least...

 

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The Application of Finance Theory to Increased Risk Harms in Toxic Tort Litigation, 23 Virginia Environmental Law Journal 111 (2004)

In toxic tort litigation, a plaintiff has no cause of action for increased risk of...

 

Books

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Essential Concepts of Business for Lawyers, (2012)

This book covers essential concepts in accounting, financial statement analysis, financial economics, valuation, financial instruments,...

 

Chapters in Books

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Crisis, Rescue and Corporate Social Responsibility Under American Corporate Law, Reframing Corporate Social Responsibility: Lessons from the Global Financial Crisis (2010)

This chapter discusses the legal issues of rescue and corporate social responsibility during times of...

 

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Insurance for Acts of Terrorism, (2008)

This chapter discusses insurance case law arising from acts of terrorism, including those arising from...

 

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Participation and Disintermediation in a Risk Society, (2008)

The chapter argues that financing extreme catastrophic loss will become more problematic as catastrophes become...

 

Working Papers

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Case Study of the Bank of America and Merrill Lynch Merger, (2010)

This is a case study of the Bank of America and Merrill Lynch merger. It...

 

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Catastrophic Loss, Alternative Risk Transfer, and Terrorism Insurance, All Faculty Publications (2008)

This paper constitutes a compilation of summary entries on catastrophic loss, alternative risk transfer, and...

 

Other

Attendee Discussion: How Should Legal Educators and Law Schools Respond to These Changes? (with Michael Kelly, Gillian Hadfield, Jeanne Charn, William Henderson, and Clark Cunningham), The Profession and the Academy: Addressing Major Changes in Law Practice (2010)

Michael Kelly. "The Gaping Hole in American Legal Education." Major changes that have occurred in...

 
Attendee Discussion: How Should Legal Educators and Law Schools Respond to These Changes? (with Michael Kelly, Gillian Hadfield, Jeanne Charn, William Henderson, and Clark Cunningham), The Profession and the Academy: Addressing Major Changes in Law Practice (2010)

Michael Kelly. "The Gaping Hole in American Legal Education." Major changes that have occurred in...