Online Edition '22
Consecutive
2022

Online
Article
Online Edition '22
Regulatory Uncertainty and Business Impact of the Executive Orders Against Investment in Chinese Companies
Martin Kwan
Honorary Fellow, Asian Institute of International Financial Law, University of Hong Kong Associate in Research, Fairbank Center for Chinese Studies, Harvard University

The main provision of the Executive Orders (EO 13959 by President Trump issued in November 2020, as replaced by EO 14032 by President Biden issued in June 2021) prohibits US persons from engaging in: “the purchase or sale of any publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities of [certain listed Chinese companies]”.

Online
Article
Online Edition '22
The Supreme Court As A Systemic Risk
Benjamin Edwards

Financial regulators should begin planning now for the risk that the post-Trump era Supreme Court could eventually trigger a financial crisis. We often think of systemic risk as coming from war, plagues, or other disruptive events causing problems to cascade through the financial system. In Supreme Risk, an article forthcoming in the Florida Law Review, I explain how the Supreme Court may also significantly disrupt markets and keystone institutions.

Online
Article
Online Edition '22
Commodity Futures Trading Commission: The Correct Regulator for the Virtual Currency Spot Market
Clayton C. Melton
J.D. Candidate, Georgetown Law ’23

TerraUSD, an algorithmic stablecoin, succumbed to a ‘death spiral’ when it de-pegged from its $1 (‘USD’) value. This death spiral sparked a market-wide virtual currency sell-off, wiping out $60 billion from crypto markets. The algorithmic stablecoins (‘altcoins’) demise highlights the need for a regulatory overseer of virtual currency spot markets.

Online
Article
Online Edition '22
The Trouble with Tibble: Environmental, Social, and Governance (ESG) and Fiduciary Duty
Jonathan A. McGowan
Jonathan McGowan practices business law and international legal development in Jacksonville Beach, Florida. He is an elected Fellow at the European Law Institute, Vienna, Austria. Global Executive M.B.A., China Europe International Business School, 2024 (anticipated); J.D., Certificate in Environmental, Natural Resources, and Land Use Law, Florida State University College of Law, 2021; B.A. University of Florida, 2006.

The aggressive expansion of Environmental, Social, and Governance (ESG) factors in financial investments over the past decade has challenged prior concepts of corporate responsibility. A conflict has developed amongst lawmakers and advocates over the responsibility of corporate directors and fund managers relating to ESG, most notably, whether implementing ESG is a breach of fiduciary duty. To address this question, this article will look at the  international origins of ESG, provide an overview of fiduciary duty, and examine possible conflicts between ESG and fiduciary duty.

Online
Article
Online Edition '22
Discriminatory Employment Transfers: The New Circuit Split
Maddie Fleming

Discussion

Does Title VII of the 1964 Civil Rights Act forbid employers from laterally transferring employees based on race, sex, religion, or other protected category, including when the transfer results in no “material” harm to the employee?