James D. Cox · April 2013 81 GEO. WASH. L. REV. 1036 (2013) Users of financial statements, foremost of which are investors, have a voracious appetite for information that better enables them to assess the financial position and performance of the reporting firm. Even though financial statements purport to address users’ needs, the statements, which... Read More

Hillary A. Sale · April 2013 81 GEO. WASH. L. REV. 1012 (2013) This Article develops a theory of public governance as a form of publicness by exploring corporate governance and decision making, and developing them with a more textured understanding of the nature of corporations and their role. It does so through the lens... Read More

James F. Cotter; Alan R. Palmiter; Randall S. Thomas · April 2013 81 GEO. WASH. L. REV. 967 (2013) Using voting data from the first year of say-on-pay votes under Dodd-Frank, we look at the patterns of shareholder voting in advisory votes on executive pay. Consistent with the more limited say-on-pay voting before Dodd-Frank, we... Read More

Theresa A. Gabaldon · April 2013 81 GEO. WASH. L. REV. 929 (2013) The traditional view of corporate law asserts that the corporation serves society via the satisfaction of consumers’ revealed preferences, which dictate the ultimate allocation of resources contributed by corporate investors, workers, and managers. Social psychology has long taught, and legal analysts now... Read More

Todd Zywicki · April 2013 81 GEO. WASH. L. REV. 856 (2013) A centerpiece of the Dodd-Frank financial reform legislation was the creation of a new Federal Consumer Financial Protection Bureau (“CFPB”) within the Federal Reserve. Few bureaucratic agencies in American history, if any, have combined the vast power and lack of public accountability of... Read More

Adam J. Levitin · April 2013 81 GEO. WASH. L. REV. 813 (2013) The Dodd-Frank Act’s “skin-in-the-game” credit risk retention requirement is the major reform of the securitization market following the housing bubble. Skin-in-the-game mandates that securitizers retain a 5% interest in their securitizations. The premise behind skin-in-the-game is that it will lessen the moral... Read More

Jeffrey Manns · April 2013 81 GEO. WASH. L. REV. 749 (2013) The Dodd-Frank Act promised to usher in sweeping changes to overhaul the rating agency industry. But in the years after the Act’s passage, hopes have turned into disappointment as the most important questions of how to enhance rating agency competition, accuracy, and accountability... Read More

Michael Greenberger · April 2013 81 GEO. WASH. L. REV. 707 (2013) The price of crude oil in the futures markets has oscillated wildly during the past five years. Although these price swings may partly be a result of insufficient supply meeting large demand for oil, economic data demonstrate that market fundamentals have in fact... Read More

Arthur W.S. Duff; David Zaring · April 2013 81 GEO. WASH. L. REV. 677 (2013) Title VII of the Dodd-Frank Wall Street Reform Act is a study in contrasts. On the one hand, Dodd-Frank transforms the U.S. approach to derivatives regulation from a lasses-faire, almost no oversight paradigm into one featuring heavy supervision, supervision focused... Read More