Articles by Tamar Frankel
Articles by Tamar Frankel include her writings in the areas of mutual funds, securitization, financial system regulation, fiduciary law and corporate governance. Some articles are available for download here.
Many of Prof. Frankel’s articles are available for download at no charge at Academia.edu. Academia is a platform for sharing academic research in accordance of its mission is to accelerate the world’s research. An Academia report in April 2022 indicates that over 1,100 papers mention Prof. Frankel’s work and papers.
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2022
The SEC’s Misguided Concept of Fiduciary, by Tamar Frankel and Knut A. Rostad, Advisor Perspectives, May 10, 2022
2020
Securitizing the Notes of Needy Small Businesses and Workers, American Bar Association, Business Law Section, October 9, 2020
Securitizing the Notes of Needy Small Businesses and Workers, American Bar Association, Business Law Section, September 28, 2020
INSIGHT: Securitizing the Notes of Needy Small Businesses and Workers, Bloomberg Tax, September 28, 2020
The New DOL Rule Eviscerates Fiduciary Duties, Advisor Perspectives, July 20, 2020
The Regulators’ Conflicts of Interest, Advisor Perspectives, June15, 2020
Which Laws Apply to Broker-Dealers? Federal Laws? State Laws? Both? General Principles Leading to an Answer, Verdict-Legal Analysis and Commentary, March 6, 2020
Transnational Fiduciary Law, University of California, Irvine School of Law; 5 J. Intl., Transnati., and Comp. Law (2020)
The Investors’ Control of Their Investment Advisers. Who Has the Final Word? Verdict-Legal Analysis and Commentary, February 14, 2020
The Nature and Cost of Risk and Uncertainty, Verdict-Legal Analysis and Commentary, January 21, 2020
2019
Charles Schwab in Praise of Fiduciary Independent Advisers, Verdict-Legal Analysis and Commentary, December 6, 2019
Did the Employer Lie to the Employee? Verdict-Legal Analysis and Commentary, October 29, 2019
The Manipulative Power of an Advertisement Of Professional Services, Verdict-Legal Analysis and Commentary, August 23, 2019
Protecting Sophisticated Investors From Sophisticated Con Artists
The Future of the United States Monetary System, Verdict-Legal Analysis and Commentary, July 12, 2019
The Hidden Trading Costs of Diversification, the Demise of Brokers Fiduciary Duties, and the Legalization of Brokers’ Fraud, Verdict-Legal Analysis and Commentary, May 31, 2019
The Other Side of “Order Without Law”, Verdict-Legal Analysis and Commentary, May 16, 2019
Wells Fargo Bank and the Glass-Steagall Act, Verdict-Legal Analysis and Commentary, March 22, 2019
Ponzi Schemes: How They Work and What We Can Learn, Verdict-Legal Analysis and Commentary, January 31, 2019
Mitsubishi Bank’s Museum of Trust in Tokyo, Verdict-Legal Analysis and Commentary, January24, 2019
States’ Regulation of Broker-Dealers, Verdict-Legal Analysis and Commentary, January 8, 2019
2018
The Whistleblowers, Verdict-Legal Analysis and Commentary, November 26, 2018
Employees’ Representation in Corporate Boards, Verdict-Legal Analysis and Commentary, October 19, 2018
The Rise of Fiduciary Law, Harvard Law School Forum on Corporate Governance and Financial Regulation, September 10, 2018
Trust but Verify: The Legal Duties of Broker-Dealers in the Financial System, Part Two, Verdict-Legal Analysis and Commentary, June 18, 2018
Trust but Verify: The Legal Duties of Broker-Dealers in the Financial System, Part One, Verdict-Legal Analysis and Commentary, May 1, 2018
The Brokers’ War Against Fiduciary Duties, Verdict-Legal Analysis and Commentary, March 14, 2018
2017
Bitcoins: The Evolution of Money and the Enforcement of Law, Verdict-Legal Analysis and Commentary, December 21,2017
The Story of Grades: A Fable, Verdict-Legal Analysis and Commentary, November 10, 2017
Rewarding Honesty in Institutions, Verdict-Legal Analysis and Commentary, October 23, 2017
The Rise of Robo-Advisers, Verdict-Legal Analysis and Commentary, September 27, 2017
2016
Bank’s Culture Problem: You Can’t Have Just One, American Banker-Law and Regulation, Vol.1 No. 223 (2016)
A Story of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation and Fiduciary Law, The University of Bologna Law Review, Vol.1:1 (2016)
2015
Did Commissioner Gallagher Violate SEC Rules?, The Harvard Law School Forum on Corporate Governance and Financial Regulation (Jan. 7, 2015)
2014
How to Water Down Fiduciary Duties, Chapter 12 in Philosophical Foundations of Fiduciary Law, by Andrew S. Gold and Paul B. Miller, Oxford University Press (2014)
Municipalities in Distress: A Preventive View, 33 Rev. Bank. & Fin. L. 779, July 19, 2016
Toward Universal Fiduciary Principles, 39 Queen’s L.J. 391 (2014), reproduced with permission and published in Conference proceedings organized by the ZRWP-Fellowship of the Universities of Zurich, Basel and Lucerne, Switzerland in 2015
2013
Dismantling Large Bank Holding Companies for Their Own Good and the Good of the Country, Bank & Financial Services Policy Report, Vol. 32, No. 7 (July 2013)
Self-Regulation of Insider-Trading in Mutual Funds and Advisers, 8 Brook. J. Corp., Fin. and Comm. Law 80 (Fall 2013)
What Makes a Great Law School? Working Paper Series, Public Law & Legal Theory Working paper No. 01-13, available at SSRN 288435
2012
The Failure of Investor Protection by Disclosure, 81 U. Cin. L. Rev. 421
Chapter 19. The Influence of Investment Banks on Corporate Governance in Research Handbook on the Economics of Corporate Law 2012, Edward Elgar Publishing, Inc., Claire E. Hill & Brett H. McDonnell, eds.
Rethinking the American Dream, Femme-O-Nomics (April 2012)
2011
Fiduciary Law in the Twenty-First Century, 91 B.U. L. Rev. 1289
The Regulation of Brokers, Dealers, Advisors and Financial Planners, 30 Rev. Bank. Fin. L. (B.U. School of Law) (2010-2011)
Let the Securities and Exchange Commission Outsource Enforcement by Litigation: A Proposal, 11 J. Bus. & Sec. L. 111
2010
Mutual Fund Advisers Fees and Executive Compensation, 7 Intl. J. Discl. & Gov. 7 (February 2010)
Negotiating Mutual Fund Adviser Fees: The Supreme Court has Spoken. This article is an update to Professor Frankel’s previous paper, ‘Mutual fund advisers ’ fees and executive compensation, published in the International Journal of Disclosure and Governance 7 Intl. J. Discl. & Gov. 213
New Financial Assets: Separating Ownership from Control, 33 Seattle U.L.Rev. 931
The Study of Sub-Prime Mortgage Disaster, Studi e Note di Economia, Anno XV, n. 1-2010, pages 141-160
Chapter 9: Regulating the Financial Markets by Examination in the book The Panic of 2008: Causes, Consequences and Implications for Reform, (Editors: Lawrence E. Mitchell and Arthur E. Wilmarth) Publisher: Edgar Elgar (December 2010)
2009
Chapter 1: Trust and the Internet in The ABA Guide to International Business Negotiations, J.Silkenat, J.Aresty, J.Klosek eds. (A comparison of Cross-Cultural Issues and Successful Approaches, 3d ed.
2008
Trust, Honesty and Ethics in Business, Finance & The Common Good/Bien Commun, No. 31-32-II-III
Corporate Boards of Directors: Advisors or Supervisors, 77 U. Cin. L. Rev. 501
How Should the Financial Markets Be Regulated, Wall St. Law., October 2008, Vol 12 Issue 10
Commentary, Rethinking the American Dream, available at http://www.bu.edu/lawlibrary/facultypublications/PDFs/Frankel/lawdragon.pdf
The Problems of Securitizing Sub-Prime Loans, 1 Asian Bus. Law., Spring 2008; The Korea University Legal Research Institute
2007
Court of Law and Court of Public Opinion: Symbiotic Regulation of the Corporate Management Duty of Care, 3 N.Y.U. J. L. & Bus. 353
Private Investment Funds: Hedge Funds’ Regulation by Size, 39 Rutgers L.J. 657
2006
Are Advisers Contributing to Fund Rule Avalanche? Ignite Magazine (April 2006)
Amicus Brief for City of Hope National Medical Center v. Genentech, Inc., as Amicus Curiae Supporting Plaintiff and Respondent, appeal docketed, No. S129463, California Supreme Court (Feb. 28, 2006)
Chapter 12 in Conflicts of Interest: Corporate Governance and Financial Markets, L. Thevenz & R. Bahar, eds., Kluwer (2006)
Fall of the Barriers Preventing Abuse of Trust and Deception: The Hidden Changes in Legal Doctrine and Legal Interpretation, 5 Law & Business IDC Herzelia, Radzyner School of Law 113 (2006)
How Did We Get into This Mess? 1 J. Bus. & Tech. L. 133 (2006)
The Mysterious Ways of Mutual Funds: Market Timing, with Lawrence A. Cunningham, 25 Ann. Rev. Bank. & Fin. L. 235
Using Sarbanes-Oxley Act to Reward Honest Corporations, 62 Bus. Law. 151
What Default Rules Teach Us About Corporations; What Understanding Corporations Teaches Us About Default Rules, 33 Fla. St. U.L. Rev. 698 (2006) (also published in Fiduciary Obligations-Legal Perspectives, Amicus Books, Icafi University Press, Hyderabad, India-ed. Radhika G (2008) at 149)
2005
Review of David L. Smith, Why We Lie: The Evolutionary Roots of Deception and the Unconscious Mind, 5 Human Nature Rev. 45
The Scope and Jurisprudence of the Investment Management Regulation, in Symposium on Hodge, 83 Wash. U. L. Q. 939
Why the Board is Broken, with Joseph Anton, Wall St. Law. 23 (Feb. 2005)
2004
Future Developments, A Future Development: Selling the Advisory Business, Wall St. Law.
Governing by Negotiation: The Internet Naming System, 12 Cardozo J. Intl. Comp. L. 449
The Seventh Circuit Decision in Wsol v. Fiduciary Management Associates and the Amendment to Rule 12b-1, 11 Inv. Law. No. 8, 11
2003
Advisory Fees: Evolving Theories, 10 Inv. Law. 21
2002
The Delaware Business Trust Act Failure as the New Corporate Law, 23 Cardozo L. Rev. 325
The Law of Cross-Border Securitization: Lex Juris, 12 Duke J. Comp. Intl. L. 475
The Managing Lawmaker in Cyberspace: A Power Model, 27 Brook. J. Int. L. 859
Regulation and Investors’ Trust in the Securities Markets, 68 Brook. L. Rev. 439
Accountability and Oversight of the Internet Corporation for Assigned Names and Numbers (ICANN), Report to the Markle Foundation on Corporate Governance (September 2002), Accountability is available at SSRN 333342
2001
The Delaware Business Trust Act Failure as the New Corporate Law, 23 Cardozo L. Rev. 325
Non-Compete Obligations of Departing Star Partners and the Right of Clients to their Continued Services, 2 Villanova J. L. and Inv. Man. 6
Introduction: Symposium on Trust Relationships, with Wendy Gordon, 81 B.U. L. Rev. 321
In Theory and Practice, 77 Chicago-Kent L. Rev. 5
Trusting and Non-Trusting on the Internet, 81 B.U. L. Rev. 457
2000
Accountants’ Independence; The Recent Dilemma, 2000 Columbia Bus. L. Rev. 261
The Different Design of Corporate Governance under State Law and Federal Law and the Aftermath of the Strougo Case, 7 Inv. Law. 3
Securitization (Asset-Backed Securities and Structured Financing) in Financial Product Fundamentals Law Business Compliance, Clifford E. Kirsch, ed.
Securitization: Supplement 2000, Aspen Law & Business
Securitizing Insurance Risks, with Joseph W. LaPlume, 19 Ann. Rev. Bank. L. 203
1999
Cross-Border Securitization: Without Law, But Not Lawless, 31 Sec. L. Rev. 651
Securitization: The Conflict Between Personal and Market Law (Contract and Property), 18 Ann. Rev. Bank. L. 197
The Internet, Securities Regulation, and Theory of Law, Symposium on the Internet and Legal Theory, 73 Chicago-Kent L. Rev. 1319
Trends in the Regulation of Investment Companies and Investment Advisers, 1 Villanova J.L. & Inv. Man. 3
Trusting and Non-Trusting: Comparing Benefits, Cost and Risk, B.U.S.L. Working Paper 99-12 (October 13, 1999)
1998
Cross-Border Securitization: Without Law, But Not Lawless, 8 Duke J. Comp. Intl. L. 255
Fiduciary Duties in The New Palgrave Dictionary of Economics and the Law(Peter Newman, ed.), v. 2 at 127
Issues Concerning Soft Dollars, ALI-ABA Course Materials in ALI-ABA Advanced Course on Pension Funds, Washington, DC
Trust and Contract in the U.S. and Japan with Norio Higuchi, 115 Hogaku Kyokai Zassi: J. Juris. Ass’n, 2
1997
Knowledge Transfer: Consulting and Teaching in China, in Legislative Drafting for Market Reform: Some Lessons from China, Ann Seidman & Robert B. Seidman, ed. London: MacMillian
Securitization of Loans: Asset-Backed Securities and Structured Financing, in The Financial Services Revolution, Understanding the Changing Roles of Banks, Mutual Funds and Insurance Companies 447. Clifford E. Kirsch, ed. New York: McGraw-Hill
Should Funds and Investment Advisers Establish a Self-Regulatory Organization? in The Financial Services Revolution, Understanding the Changing Roles of Banks, Mutual Funds and Insurance Companies. Clifford E. Kirsch, ed. New York: McGraw-Hill
The 1996 Amendments of the Advisers Act, Proposed Implementing Rules, ALI-ABA Course Materials in ALI-ABA Advanced Course on Investment Advisors, Washington, DC
1996
Comments, Lessons From the Past: Revenge Yesterday and Today, 76 B.U. L. Rev. 89
Securitization of Loans: Asset-Backed Securities and Structured Financing, in The Financial Services Revolution, Understanding the Changing Roles of Banks, Mutual Funds and Insurance Companies 215
1995
Knowledge Transfer: Suggestions for Developing Countries on the Receiving End, 13 B.U. Intl. L.J. 141
Fiduciary Duties as Default Rules, 74 Ore. L. Rev. 1209
Symposium: A Recipe for Effecting Institutional Changes to Achieve Privatization, 13 B.U. Intl. L.J. 295
1994
Bank Powers to Sell Annuities, 49 Bus. Law. 1691
Enforcing Coasian Bribes for Non-Price Benefits: A New Role for Restitution, with W. Gordon, 67 S. Cal. L. Rev. 1519, reprinted in Restitution 347, Lionel D. Smith, Ed., Ashgate Publishing, U.K. (2001)
Presumptions and Burdens of Proof as Tools for Legal Stability and Change, 17 Harv. J. L. & Pub. Policy 759
The Pros and Cons of a Self-Regulatory Organization for Advisers and Mutual Funds, 1 Inv. Law. 6 (September)
The Regulation of Money Managers: 1994 Supplement, Boston: Little, Brown & Company
1993
Fiduciary Law in the United States, paper presented at the Second International Symposium on Trusts, Equity and Fiduciaries, Victoria, British Columbia, Canada (January 1993)
Fiduciary Law: The Judicial Process and the Duty of Care, paper presented at the 1993 Isaac Pitblado Lectures University of Manitoba Law School (1993)
Securitization: Its Effect on Bank Structure in Klausner, M. and White L. (eds.), Structural Changes in Banking
Testimony before the Subcommittee on Economic Growth and Credit Formation of the Committee on Banking, Finance and Urban Affairs. U.S. House of Representatives (February 16, 1993),(transcript on file with the Boston University Law Review), available at https://tamarfrankel.com/wp-content/uploads/statement-before-subcommittee-on-economic-growth.pdf
The Legal Infrastructure of Markets: The Role of Contract and Property Law, 73 B.U. L. Rev. 389
The Regulation of Money Managers: 1993 Supplement, with J. Deland and J. Mazer, Little, Brown & Company
1992
Securitization: 1992 Supplement, with M. Utset, Little, Brown & Company
The Regulation of Money Managers: 1992 Supplement, with J. Deland and J. Mazer, Little, Brown & Company
1991
Securitization, Vols. I and II. Boston: Little, Brown & Company (two volume treatise)
The Regulation of Money Managers: 1991 Supplement, with J. Deland and J. Mazer, Little, Brown & Company
1990
The Investment Company Act as a Defense Strategy in Takeovers, 1 J. Mergers & Acq. Analysis 103
The Regulation of Money Managers: 1990 Supplement, with J. Deland and J. Mazer, Little, Brown & Company
1989
The Regulation of Money Managers: 1989 Supplement, Boston: Little, Brown & Company
What Can Be Done About Stock Market Volatility? 69 B.U. L. Rev. 991
1988
Book Review, International Cyclopedia of Comparative Law, 34 Am. J. Comp. L. 158.
The Regulation of Money Managers: 1988 Supplement, with J. Deland and J. Mazer, Little, Brown & Company
1987
The Dual State-Federal Regulation of Financial Institutions – A Policy Proposal, 53 Brooklyn Law Review 53
The Inapplicability of Market Theory to Adoptions, with Frances Miller, 67 B.U. L. Rev. 99
1985
Corporate Directors Duty of Care: The American Law Institute Project on Corporate Governance, 52 Geo. Wash. L. Rev. 80l
1984
Bank Loan Participations under the Securities Acts; The Implications of SIA v. Board of Governors, (Becker) 16th Annual Institute of Securities Regulation
Panel Member, Symposium: Current Issues in Corporate Governance, 45 Ohio St. L.J. 629
Social Investing, ch. 8 (Dan McGill, ed.) Pension Research Council, Wharton School, University of Pennsylvania
1983
Fiduciary Law, 71 Cal. L. Rev. 795
The Power Struggle Between Shareholders and Directors: The Demand Requirement in Derivative Suits, with Wayne M. Barsky, 12 Hofstra L. Rev. 39
1981
Implied Rights of Action, 67 Va. L. Rev. 553
Investment Company Advertising, 14 Review of Securities Regulation 957
Money Market Funds, 14 Review of Securities Regulations 913
1978
Insider Transactions Under the 1940 Act, 11 Review of Securities Regulation 827
1977
Distribution of Mutual Fund Shares, 10 Review of Securities Regulation 860
1976
Variable Life Insurance, 4 Securities Regulation Law Journal 156
1973
Regulations of Variable Life Insurance, 48 Notre Dame Lawyer 1017
1971
Variable Annuities, Variable Insurance and Separate Accounts, 51 B.U. L. Rev. 173
1969
The Governor’s Private Eyes, 49 B.U. L. Rev. 627
1967
The Maloney Act Experiment, 6 Boston College Industrial & Commercial Law Review 187