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.

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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