This Article provides the first comprehensive examination of an emerging practice within the private equity sector-continuation funds. Continuation funds break from the traditional private equity model by allowing sponsors to hold on to assets beyond the typical fund term and, instead of selling...

The introduction of the Securities Financing Transactions Regulation into EU law provides a unique opportunity to obtain an in-depth understanding of repo markets. Based on the transaction-level data reported under the regulation, this paper presents an overview and key facts about the euro area...

In addition to regulation of securities market issuers, the Securities & Exchange Commission (SEC) is also responsible for regulation of those entities that provide the networks, either electronic or physical, that enable the functioning of our securities markets. On February 9, 2022, the...

I propose here the psychological attraction theory of financial regulation—that regulation is the result of psychological biases on the part of political participants—voters, politicians, bureaucrats, and media commentators; and of regulatory ideologies that exploit these biases. Some key...

The EU Taxonomy Regulation (TR), adopted in 2019, is a key milestone in defining legally sustainable activities. It should be viewed within the context of the climate and energy targets set by the EU for 2030 in order to become climate-neutral by 2050, and constitutes, along with the Sustainable...

The SEC’s efforts to standardize climate disclosure have revealed deep divides among the public and among corporate and securities law scholars about the proper scope and goals of climate disclosure reform. This controversy comes at a time when investor demand for ESG investment products is...

Since the adoption of the SEC's Rule 10b-21 in 1988, many researchers have been concerned over the effectiveness of short sales constraints in preventing manipulative trading in the derivatives market. We analyze whether options can be used as synthetic short sale instruments to manipulate stock...

This is the second comment I filed with the Securities and Exchange Commission on its proposal to require climate-change disclosures (Proposal). My first comment, filed on April 12, 2022, explains that the SEC lacks statutory authority to adopt the rules in the Proposal.The second comment gives...

The SEC has long taken a hands-off approach to private markets. Instead of direct regulation, the SEC has used investor access restrictions to create high-end contracting environments where investors (in theory) have the resources needed to fend for themselves. But in early 2022, this hands-off...

European closing auction volumes increased heavily over the past years, in particular sincethe introduction of MiFID II in 2018. We show that this increase in closing auction volumesince 2018 is driven by an increase in limit order volume and that it contributes to moreefficient price formation....

The SEC released its long-awaited Climate Disclosure Proposal on March 21, 2022. The Proposal is expansive, the stakes are high, and, predictably, various critical arguments are being advanced in preparation for a potential court challenge. A close review of the Proposal, however, suggests that...

Under SEC Rule 14a-8, shareholders have the right to petition management to include a topic for vote on the annual proxy statement. In response, management may request no-action relief from the Securities and Exchange Commission (SEC) staff to exclude unwelcome proposals. Using a sample of 3,040...

We examine the effect of first official SEC announcement on April 12, 2021, regarding Special Purpose Acquisition Companies (SPACs), which is an alternative mechanism of taking firms public. A prevailing opinion of academics, practitioners, and regulators alike, is that the primary appeal of the...

The article presents study of a medium-voltage LC DC Circuit Breaker with pre-charged capacitor. The pre-charged capacitor is located in the auxiliary branch and enables rapid current reduction in the disconnector in the main branch. The analysis of the theoretical model concludes that the...

The SEC’s new GHG disclosure rule will likely lead to substantial economy-wide costs exceeding proposed benefits to investors. The reason is that, even though the SEC’s own cost estimate is substantial, it only focused on direct compliance costs of firms and ignored the costs accruing...

Financial markets are in constant flux. New players and services, often leveraging new technology, emerge and challenge the status quo. Changes in markets, regulation, the environment, and global politics affect the business and risk profiles of financial market participants. The central...

In order to explain how the SEC has, in effect, been regulating by enforcement and to illustrate the problems with this approach while advocating for a legislative response, this article is divided into five parts (and a conclusion). Part one of this article offers a brief and high-level...

This Comment Letter, signed by 30 securities law scholars, responds to the SEC’s request for comment on its March 2022 proposed rules for the “Enhancement and Standardization of Climate-Related Disclosures for Investors” (the “Proposal”). The letter focuses on a single...

Market-wide circuit breakers (MWCBs), which halt trading for 15 minutes across all U.S. stock exchanges, were triggered four times in March 2020. We provide some of the first evidence on the effectiveness of MWCBs using tick data. Although MWCBs increase stocks’ realized volatility and quoted...

As the U.S. Securities and Exchange Commission considers appropriate “ESG” disclosure mandates, the Financial Economist’s Roundtable contributes to the debate with a statement summarizing its policy discussion. The FER believes financial regulators should limit mandates to matters that...

The following article adapts and consolidates two comment letters submitted last spring by a group of twenty-two professors of finance and law on the SEC’s proposed climate change disclosure rules. The professors reiterate their recommendation that the SEC withdraw its proposal as legally...

This paper examines the effects of the new short selling circuit breaker (SEC Rule 201) on firms with traded options. Over the full compliance period, we show that stocks with traded options react more negatively on short sale restriction trigger days relative to their counterparts without...

Chapter 1. Islamic Entrepreneurship: a Systematic Literature Review -- Chapter 2. Harmonization of Islamic Financial Literacy in Understanding the Islamic Banking Services: the Case in Malaysia -- Chapter 3. A Systematic Review: Challenge of Islamic Microfinance Baitul Maal Wat Tanwil in...

Der Sammelband enthält die Schriftfassung der Vorträge zur Tagung "Elektronische Aktien", die am 15. Mai 2023 in der Hessischen Landesvertretung in Berlin stattfand. Die Tagung wurde gemeinsam von der Projektgruppe "Tokenisierung und Finanzmarkt (ToFi)" des Zentrums verantwortungsbewusste...

Die globalen Finanzmärkte gewinnen mit Blick auf Umwelt- und Klimaschutzziele stetig an Bedeutung. Ohne eine Mobilisierung und Umlenkung privaten Kapitals sind diese nicht mehr zu erreichen. Weltweit werden Regelungen zur nachhaltigen Transformation der Finanzmärkte als Schrittmacher auch...

Heuschrecken - so wurden Hedgefonds betitelt,1 die als aktivistisch agierende Aktionäre die deutsche Finanzwelt in Aufruhr versetzten. Ebenso in den Fokus gerückt sind aktivistische Short-Seller, die durch die Veröffentlichung negativer Researchberichte und daraus resultierenden drastischen...

Entdecken Sie in diesem Tagungsband einen tiefen Einblick in die dynamischen Entwicklungen und Herausforderungen der globalen Finanzmärkte, präsentiert im Rahmen der 18. EIZ-Tagung "Kapitalmarkt - Recht und Transaktionen". Die geldpolitische Schwemme, ausgelöst durch die Pandemie, hat den...

Die Ereignisse rund um die GameStop-Aktie haben die Rolle von Finfluencern in sozialen Medien für die Kapitalmärkte verdeutlicht. Inspiriert von Drew McLellans Analogie einer lebhaften Cocktailparty analysiert das Werk die Auswirkungen der Nutzung sozialer Medien auf den Informationsaustausch...

The European Commission published its new Digital Finance Strategy on 24 September 2020 (DFS 2020). One of the centerpieces of the Strategy is the draft regulation on a pilot regime for market infrastructures based on distributed ledger technology (known as PilotR). The PilotR Proposal foresees...

This article discusses and analyses the latest capital markets law reform in China, which involves the launch of the star market (sci-tech innovation board) at the Shanghai Stock Exchange as well as the introduction of the “registration-based” IPO regime to replace the previous...

In times of crisis, including the 2020-21 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 recent market crises, the SEC has adopted rules that are...

Just months apart in 2020, two judges from the Southern District of New York wrote incredibly important opinions concerning the SEC’s approach to regulating the sales of cryptoassets. In both SEC v. Telegram and SEC v. Kik, the court concluded that the way in which a large, reputable social...

Popular zero-commission stock trading apps like Robinhood innovate in user-experience design, featuring digital engagement practices and prompts that appeal to investors’ psychology and make it easy and fun to trade. These include leaderboards of popular stock, push notifications, and visual...

This essay presents my educational philosophy for the teaching of business associations, corporate governance, energy, entrepreneurship, ethics, finance and capital markets, law, leadership, management, securities law, strategy, and venture capital. Any treatment of this topic can easily span...

Market manipulation refers to artificial inflation or deflation of the price of a security. Also known as price manipulation or stock manipulation, it involves the literal manipulation of a financial market for personal gain. It means influencing the behavior of the securities with the intent to...

The Securities and Exchange Commission is planning to propose new mandatory disclosure rules on climate change without further statutory authority from Congress. The purpose of this comment is to explain that the SEC does not currently have statutory authority to adopt such disclosure rules....

This Article examines the regulatory goals of creating "fair, orderly, and efficient" securities markets in light of the recent issues involving trading in the shares of GameStop Corp. (GME) through the broker-dealer firm Robinhood Financial LLC. The GameStop/Robinhood saga casts significant...