We are pleased to announce the publication of the final issue of Volume 41, our Symposium on Financial Regulation. Congratulations to our authors and editors on an insightful set of Articles!

In Public Banking as an Institutional Design Project, @STOmarova envisions the institutional design of a public banking entity capable of meeting the interests of the public.

In Samson’s Toupeé, Prof. Levitin (@GeorgetownLaw) analyzes the structural weaknesses that render the source-of-strength doctrine and calls for an actualization of the doctrine.

In The Unraveling of the Federal Home Loan Banks, @ProfKateJudge explains how the FHLBank system evolved from serving public aims to private aims and how to reform it to once again serve public aims.

In Equity for Intermediaries, @tjanger examines the affirmative and complementary role for bankruptcy courts in the regulation of financial intermediaries, which he calls “constitutive equity.”

In Platform Money, @RaulACarrillo analyzes the far-reaching impact of digital wallets on consumer financial and data security and calls for stronger regulation preventing data brokers from collecting more data than necessary.

In Digital Bank Holidays, @ProfHilaryAllen calls for regulators to consider retooling the banking holiday for our digital age, should such a drastic response ever become necessary.

In the Introduction, @JonathanMacey contextualizes and analyzes our Symposium authors’ contributions and how they further our understanding of the regulatory environment of banks.

In Public Space or Private Profit?, Layla Malamut offers a novel prescriptive approach to making space for outdoor dining - streateries - while protecting the public benefits of our public streets and sidewalks.

In Incorporating Responsibility, @averstein proposes an incorporation scheme that offers both full recovery for tort victims and limited liability for investors - whichever state incorporates a business becomes responsible for that business’s unpaid debts.

In Specialist Directors, @ynili & Prof. Shapira (@ReichmanUni) explore the rise of specialist directors and how bringing in directors with new, narrow types of expertise can distort board dynamics and may not lead to better decision making.

In Rebuilding Banking Law, @LevMenand & @MorganRicks1 call for a New National Banking system: a renewed and refined framework, one that recognizes banks as public utilities, that improves access to banking services and bolsters American prosperity.

In Death, Bankruptcy, and the Public Hospital, Prof. Francus (@NDlaw) sheds new light on Chapter 9 bankruptcies and their efficacy in keeping government businesses - such as public hospitals - in business so they may continue to serve their communities.

In Compliance Gatekeepers, Profs. Eckstein (@HebrewU_heb) & Shapira (@ReichmanUni) examine the outside compliance advisor role in corporate governance and how that role ironically may shield corporations from being held accountable.

In Power Corrupts, @emilysbremer traces admin law’s reorientation from administration to power and calls for a recentering of admin itself.

We are pleased to announce the publication of Volume 41, Issue 2. Congratulations to our authors and editors on a stellar set of Articles!

Submissions are open for Vol 42 of the Yale Journal on Regulation. See submissions instructions here:

In Mass Shootings and Mass Torts, @LauraHallas, in light of evidence of the weakening of statutory protections for gun manufacturers, proposes strategies for creating new mass tort claims.

In Contractual Landmines, Profs. Scott (@ColumbiaLaw), Choi (@nyulaw), and Gulati (@UVALaw) argue that systematic asymmetries in the market for contract lawyers explain why real-world contracts depart from the efficient contract paradigm.

In Discretionary Investing by ‘Passive’ S&P 500 Funds, Profs. Molk (@UFLaw) and @adri_robertson find, contrary to the belief that S&P 500 index funds are obligated to follow their underlying index, that these funds have substantial investment discretion.