Challenge your understanding of corporate, securities, and financial law and regulation with this ground-breaking book.
Featuring incisive research from preeminent scholars in the field, this seminal work interrogates long-standing assumptions and beliefs that have remained unexamined for decades.
Taking a novel approach, the book serves as both a conceptual deconstruction and a foundation for future research directions. Each chapter delves deep into the often-overlooked origins, mechanics and implications of outdated or misleading concepts (termed fallacies) that form the backbone of contemporary corporate and securities laws, financial regulations and related domains.
Beyond simply identifying these fallacies, the authors illustrate the profound implications of recalibrating our analytic perspectives. By expanding the spectrum of inquiry and moving along multiple continuums such as public to private, micro to macro, transactional to structural, individual to systemic, and static to dynamic this volume underscores the transformative potential of re-envisioning the fundamentals of these fields. An essential read, this book promises to be a catalyst for change and a must-have for anyone committed to staying at the forefront of law and policy.
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Showcases original cutting-edge research from leading corporate, securities, and financial law and regulation scholars, offering a critical reassessment of the underlying narratives framing mainstream scholarship.
1. Introduction, Saule T Omarova (Cornell Law School, USA) and Alexandra
Andhov (University of Auckland, New Zealand)
Part 1: Corporate Law
2. Tribes and Temperament(s): Two Underappreciated Determinants of Market
Actor Behaviour, Motivations and Beliefs, Claire A Hill (University of
Minnesota, USA)
3. Hidden Fallacies in the Agency Theory of the Corporation, Jennifer G Hill
(Monash University, Australia)
4. The Pathology of Passivity: Shareholder Passivity as a False Narrative in
Corporate Law, Sarah C Haan (Washington and Lee University, USA)
5. The Corporation and the Fallacy of the Public-Private Divide, Cherie
Metcalf (Queens University, Canada)
6. The False Narrative of Responsible Investment, Ellen Quigley (University
of Cambridge, UK)
Part 2: Financial Regulation
7. The Fallacy of Disclosure in the Time of AI, Alexandra Andhov (University
of Auckland, New Zealand)
8. The Fallacy of a Colour-Blind Fed, Nakita Q Cuttino (Georgetown Law, USA)
9. The Fallacy of Consumer Credit Regulation as the Path to Financial
Inclusion, Iris H-Y Chiu (University College London, UK)
10. Financial Innovation: Three Fallacies in the Debate, Saule T Omarova
(Cornell Law School, USA)
11. Boilerplate against Bailouts and the Regulatory Ride Fallacy, Anna
Gelpern (Georgetown Law, USA)
12. By Way of Conclusion: Making Sense of Fallacies, Claire A Hill
(University of Minnesota, USA)
Alexandra Andhov is Professor, Chair in Law and Technology, and Director of the Center for Advancing Law and Technology Responsibly (ALTeR) at the University of Auckland, New Zealand. Claire A Hill is the James L Krusemark Chair in Law at the University of Minnesota Law School, USA. Saule T Omarova is the Earle Hepburn Professor of Law at the Penn Carey Law, University of Pennsylvania, USA.
