securities regulation

The Supreme Court is Answering Easy Questions

The Supreme Court is Answering Easy Questions

The Supreme Court’s case selection reveals a hesitancy to tackle major securities law issues.

Doctrinal Divergence at the Supreme Court

Doctrinal Divergence at the Supreme Court

Scholar assesses the Supreme Court’s differential treatment of administrative law and securities law.

Shedding Light on Shadow Banking

Shedding Light on Shadow Banking

Scholars argue that securities law can mitigate the risks posed by bank-like financial institutions.

Bank Regulation and Risks to Financial Stability

Bank Regulation and Risks to Financial Stability

Scholars examine bank and cryptocurrency regulation and assess potential risks to financial stability and resilience.

Sharing the Private Market Pie

Sharing the Private Market Pie

Scholar warns that opening private markets to ordinary individuals could leave these less sophisticated investors with all the risk and less reward.

A Green Wash-Out

A Green Wash-Out

A scholar analyzes the differences between the American and EU approaches to regulating greenwashing.

AI Providers Should Not Be Liable for Users’ Securities Violations

AI Providers Should Not Be Liable for Users’ Securities Violations

Policymakers are considering a liability regime that is bad economics and bad law.

Decoding Cryptocurrency Regulation

Decoding Cryptocurrency Regulation

Scholars present a framework for digital asset regulation to prevent fraudulent and deceptive practices.

The Promise and Perils of Regulating ESG

The Promise and Perils of Regulating ESG

Troy A. Paredes, former SEC Commissioner, shares his thoughts on the ESG movement.

Leaving Broker Inducements Behind

Leaving Broker Inducements Behind

Scholar presents defenses that the SEC may use to legitimize restrictions on broker inducements.

Back to the Future of U.S. Securities Regulation

Back to the Future of U.S. Securities Regulation

Scholars analyze the history of Supreme Court securities law jurisprudence to predict what lies ahead.

Why the SEC is Wrong About Implied Preclusion

Why the SEC is Wrong About Implied Preclusion

Federal securities regulators should not use implied preclusion to shield themselves from constitutional challenge.