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The Cambridge Handbook of Investor Protection

The Cambridge Handbook of Investor Protection

The Cambridge Handbook of Investor Protection

Arthur B. Laby, Rutgers University, New Jersey School of Law
October 2022
This ISBN is for an eBook version which is distributed on our behalf by a third party.
Adobe eBook Reader
9781108996730
$239.00
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Hardback

    The topic of investor protection has occupied investors, businesses, regulators, academics, and courts since the 1930s. The topic exploded in importance after the 2008 financial crisis and the Bernard Madoff Ponzi scheme of the same year. Investor protection scholarship now seeks to respond to developments such as the institutionalization of the markets, the democratization of finance, and the enhanced role of market professionals and other gatekeepers. Additionally, although the philosophy of full disclosure remains the guiding principle behind the securities laws, recent research has questioned the merits of a disclosure-based regime. In light of these trends, regulators try to strike the right balance between imposing a strict investor protection regime, on the one hand, and giving businesses the freedom to innovate new projects, market new services, and reduce costs, on the other. The Cambridge Handbook of Investor Protection brings together leading scholars to inform this debate and fill a gap left by these developments.

    • Offers perspectives from 21 leading scholars of securities and financial services law
    • Addresses both theoretical and practical issues in investor protection regulation
    • Brings readers up to date with debates over investor protection and market regulation over the past several decades

    Product details

    October 2022
    Adobe eBook Reader
    9781108996730
    0 pages
    This ISBN is for an eBook version which is distributed on our behalf by a third party.

    Table of Contents

    • Introduction: continuity and change in investor protection Arthur B. Laby
    • Part I. Institutionalization and Investor Protection:
    • 1. The financialization of corporate governance Roberta S. Karmel
    • 2. 'Public' mutual funds Jeff Schwartz
    • 3. The overlooked effects of passive management Anita K. Krug
    • 4. Retail investor protection and empowerment: reflections from the European Union Niamh Moloney
    • 5. Which investors to protect? Evolving conceptions of the American shareholder Jacob Hale Russell
    • Part II. The Scope of Investor Protection Regulation:
    • 6. Retirement plan reforms in the absence of a retirement policy Natalya Shnitser
    • 7. Rogue brokers and the limits of agency law Deborah A. DeMott
    • 8. Protecting investors of collective-investor trusts in China Lusina Ho
    • 9. Jurisdiction and applicable law in investor suits Matthias Lehmann
    • Part III. The Regulation of Market Professionals:
    • 10. Techniques of regulatory implementation: the case of Reg BI and Form CRS James A. Fanto
    • 11. Regulation best interest, customer trust, and the move to make private investments more available to retail investors Donald C. Langevoort
    • 12. Best execution: an impossible dream? Onnig H. Dombalagian
    • 13. Equilibrium investor protection: active mutual fund fees Michel A. Habib and D. Bruce Johnsen
    • 14. Reputational bonding and the birth of investment adviser regulation Arthur B. Laby
    • Part IV. Alternative Regulatory Regimes:
    • 15. Do lawyers make good gatekeepers? Sung Hui Kim
    • 16. Retail investors and Delaware corporate law J. Travis Laster
    • 17. Investor protections in Muslim jurisdictions Russell Powell
    • 18. Insider trading law in the United States and Australia: fiduciary breaches, market abuses, and the harshness of penalties Donna M. Nagy and Juliette Overland
    • 19. Markets versus regulation: investor protection in the United States compared to Israel Nitzan Shilon.
      Contributors
    • Arthur B. Laby, Roberta S. Karmel, Jeff Schwartz, Anita K. Krug, Niamh Moloney, Jacob Hale Russell, Natalya Shnitser, Deborah A. DeMott, Lusina Ho, Matthias Lehmann, James A. Fanto, Donald C. Langevoort, Onnig H. Dombalagian, Michel A. Habib, D. Bruce Johnsen, Sung Hui Kim, J. Travis Laster,Russell Powell, Donna M. Nagy, Juliette Overland, Nitzan Shilon

    • Editor
    • Arthur B. Laby , Rutgers University, New Jersey School of Law

      Arthur B. Laby is Professor of Law at Rutgers Law School and Co-Director of the Rutgers Center for Corporate Law and Governance. His research focuses on financial services law and securities regulation. He is coeditor of Fiduciary Obligations in Business (Cambridge University, Press 2021) and coauthor of a multi-volume treatise entitled The Regulation of Money Managers: Mutual Funds and Advisers (updated annually).