SelectedWorks - Anita Krug

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Selected Works of Anita Krug

Dean and Professor

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About Anita Krug

Present	Dean and Professor, Chicago-Kent College of Law
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Law

Articles (18)

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Temporary Securities Regulation (Anita Krug) Washington & Lee Law Review (2022)

In times of crisis, including during the 2020–2021 global pandemic, the U.S. Securities and Exchange Commission (SEC) has engaged in a type of securities regulation that few scholars have acknowledged, let alone evaluated. Specifically, during ...

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Investors' Paradox (Anita Krug) Journal of Corporation Law (2018)

For the first time in an era, new investment products for smaller ("retail ") investors are emerging. These products are mutual funds that engage in the types of trading and investment activities that have long ...

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The Other Securities Regulator: A Case Study in Regulatory Damage (Anita Krug) Tulane Law Review (2017)

Although the Securities and Exchange Commission is the primary securities regulator in the United States, the Department of Labor also engages in “securities regulation.” It does so by virtue of its authority to administer the ...

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Uncertain Futures in Evolving Financial Markets (Anita Krug) Washington University Law Review (2016)

Today’s publicly offered investment funds, including mutual funds, have ever more diverse investment strategies, as they increasingly invest in financial instruments that, in earlier years, had been the province of only the most sophisticated investors. ...

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Investing and Pretending (Anita K. Krug) Iowa Law Review (2015)

One of the more prominent components of Dodd–Frank’s regulatory changes was Title VII, providing for the regulation of the over-the-counter derivatives known as “swaps.” A swap is a financial instrument whose value is based on ...

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Downstream Securities Regulation (Anita K. Krug) Boston University Law Review (2014)

Securities regulation wears two hats. Its “upstream” side governs firms in connection with their obtaining financing in the securities markets. That is, it regulates firms’ and issuers’ offers and sales of securities, whether in public ...

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Escaping Entity-Centrism in Financial Services Regulation (Anita K. Krug) Columbia Law Review (2013)

In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules ...

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The Modern Corporation Magnified: Managerial Accountability in Financial Services Holding Companies (Anita Krug) Seattle University School of Law (2013)

This Article first recalls the primary contours of Adolf Berle and Gardiner Means’s acclaimed observations regarding the separation of ownership and control in the “modern corporation,” as well as their conclusions about the implications of ...

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Investment Company as Instrument: The Limitations of the Corporate Governance Regulatory Paradigm (Anita Krug) Southern California Law Review (2013)

U.S. regulation of public investment companies (such as mutual funds) is based on a notion that, from a governance perspective, investment companies are simply another type of business enterprise, not substantially different from companies that ...

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Rethinking U.S. Investment Adviser Regulation (Anita Krug) St. John's Law Review (2013)

(Excerpt)Now, in the aftermath of Dodd-Frank's enactment and the SEC's associated bout of rulemaking, one might think that the Advisers Act's regulatory regime is a workable and effective one, equipped to address - and address ...

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Institutionalization, Investment Adviser Regulation, and the Hedge Fund Problem (Anita K. Krug) Hastings Law Journal (2011)

This Article contends that more effective regulation of investment advisers could be achieved by recognizing that the growth of hedge funds, private equity funds, and other private funds in recent decades is a manifestation of ...

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Private Fund Adviser Registration Act HR-3818 (Anita K. Krug) Berkeley Center for Law, Business and the Economy (2009)

This paper comments on the Obama administration's 2009 proposal for the regulation of hedge fund investment advisers.

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Financial Regulatory Reform and Private Funds (Anita K. Krug) Berkeley Center for Law, Business and the Economy (2009)

This white paper comments on the Obama administration's June 2009 proposal for the regulation of hedge fund investment advisers.

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The Regulatory Response to Madoff (Anita K. Krug) Berkeley Center for Law, Business and the Economy (2009)

This white paper evaluates investor protection mechanisms in the securities regulatory regime at the time the Madoff fraud was exposed. It considers whether the post-Madoff call for additional regulation of hedge funds and/or their managers ...

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The Hedge Fund Transparency Act of 2009 (Anita K. Krug) Berkeley Center for Law, Business and the Economy (2009)

This white paper provides a review and critique of a bill introduced by Senators Charles Grassley (R-Iowa) and Carl Levin (D-Mich.) in the Senate in early 2009 that, if enacted, would have imposed certain registration ...

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The Antitrust Duty to Deal and Intellectual Property Rights (James C. Burling, William F. Lee and Anita K. Krug) The Journal of Corporation Law (1999)

This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.Part II ...

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Still Adjusting to Markman: A Prescription for the Timing of Claim Construction Hearings (William F Lee and Anita K. Krug) Harvard Journal of Law & Technology (1999)

In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be ...

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The Myth of Context in Politics and Law (Anita K. Krug) Harvard Law Review (1997)

Visions of group-based rights in political and legal theory strive to be both antiessentialist and antiuniversalist. They reject an essentialist view of the self — a view that there is a single experience common to ...

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Chapter 8: Toward Better Mutual Fund Governance (Anita Krug) Research Handbook on the Regulation of Mutual Funds (2018)

The chapter contemplates possible ways to improve the governance of mutual funds, focusing specifically on a new model. In this new governance model, multiple funds in a common family are not managed by a single ...

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Multilateral Convergence of Investment Company Regulation (Anita Krug) Economic Law After the Crisis: A Tale of Fragmented Disciplines (2015)

Book DescriptionThis collection explores the theme of fragmentation within international economic law as the world emerges from the 2008 global financial crisis, the subsequent recession and the European sovereign debt crisis which began in early ...

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Discerning public law concepts in corporate law discourse (Anita K. Krug) Private Law: Key Encounters with Public Law (2014)

Book SummaryThe relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and ...

About Anita Krug

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Articles (18)

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