Featured Articles From Our Most Recent Print Issue
Contemporary financial supervision depends on knowledge about risk. Threats to bank soundness and financial stability abound, but they present themselves in amorphous ways. How should supervisors assess their significance? This Article examines a process being employed by the Federal Reserve (Fed) to assess threats posed by climate change.
In this Article, we propose a new rule for determining the proper forum for insolvency proceedings. Currently, the Model Law on Cross-Border Insolvency (Model Law)—promulgated by the United Nations Commission on International Trade Law (UNCITRAL)—looks to a debtor’s center of main interest (COMI) to determine the proper forum for a foreign main insolvency proceeding. This rule is flawed.
This Article develops two branches of history towards understanding derivatives markets and their regulation. First, using a comprehensive database of derivatives products that the Commodity Futures Trading Commission (CFTC) has authorized, this Article traces stages in the development of derivatives products.
This Article examines how monopoly power warps incentives to innovate within the largest tech companies across history.
Featured Articles From The Online Edition
View AllA recurring joke in the TV series Arrested Development is that a real estate mogul beset by hard financial times refrains to his son, “there’s always money in the [family-owned] banana stand.” Every time he does, the son—who has taken over the family real estate empire—expresses exasperation, as a boardwalk shop selling frozen bananas is obviously no cure for the family’s financial woes. In an act of defiance, the son eventually burns the banana stand down. Enraged, the real estate mogul explains that there was literally $250,000 in cash lining its walls. The stockholder franchise is Delaware’s banana stand.
The issue of Bitcoin exchange-traded products (ETPs) is not new, but it has only recently surged into the public consciousness with the SEC’s reluctant approval of spot Bitcoin exchange-traded funds (ETFs) in January 2024. However, the general discourse surrounding these novel financial products is mixed: to some, they pose a threat to market stability and open a door for hefty investor losses; to others, they represent a crucial step in the greater legitimization of Bitcoin and other cryptocurrencies as viable assets.
For over half a century, pharmaceutical companies have been shielded under the “learned intermediary doctrine” should their products cause harm to patients. Under the doctrine, physicians are considered learned intermediaries who understand drug risks and counsel their patients accordingly, absolving the manufacturer of the duty to warn patients about potential drug risks and dangers. Contemporary medical and commercial practices have fundamentally changed the roles of both physicians and pharmaceutical manufacturers, such that it’s time for states to discard the learned intermediary doctrine and hold the drug companies themselves accountable for failure to warn.
In 2023, half of senior information technology business executives surveyed worldwide considered artificial intelligence (AI) to be a technology of strategic importance that they would prioritize in 2024. Between 2017 and 2020, funding of AI startups increased from $18 billion to $26 billion. In 2023, seventy-three percent of U.S. companies have begun implementing AI technologies. The growing interest in AI is not limited to corporations.