The core of Blenderlaw relates to the theory and practice of harmonisation of law and practice through formal and informal channels, through the actions of domestic legislators and regulators as well as of supranational organisations. In addition, non-governmental organisations contribute to harmonisation by lobbying, and by developing codes of practice and standard form contracts. In particular this weblog will focus on the blending of financial and corporate law. The term blenderlaw is also a critical term, reflecting some scepticism about the value of legal harmonisation projects.
WORK IN PROGRESS
Financial Stability, Financial Services and the Single Market forthcoming Fordham Int’l L.J.
Changing Perceptions of Systemic Risk in Financial Regulation (March 2015 version)
Rewards for Whistleblowing in Barry Rider (Ed.) Research Handbook on International Financial Crime (2015)
Open Government, Transparency and Financial Regulation (October 2012 version) (final version published in Transparency, a governance principle / La transparence, un principe de gouvernance, Dominique Custos, ed. 2014)
From Global Financial Crisis to Sovereign Debt Crisis to a Banking and Fiscal Union or to a New Crisis? 22 Transnat’l L & Contemp. Probs. 9 (2013) (July 2012 version)
Transparency and Financial Regulation in the European Union: Crisis and Complexity 35 Fordham Int’l L.J. 1171 (2012) (SSRN)
Transparency Is The New Opacity: Constructing Financial Regulation After The Crisis 1 Am. U. Bus. L Rev. 7 (2011-12) (SSRN)
Consultation and Legitimacy in Transnational Standard-Setting 20 Minn. J. Int’l L. 480 (2011) (SSRN)
The Confidence Game: Manipulation of the Markets by Governmental Authorities 11 Transactions: The Tennessee Journal of Business Law 59 (2009) (SSRN University of Miami Legal Studies Research Forthcoming)
Consumers of Financial Services and Multi-level Regulation in the European Union 31 Fordham Int’l L. J. 701 (2008) (SSRN)
Financial Trade Associations and Multilevel Regulation (Draft: May 2007) (a version of this paper appears in Ramses Wessel, Andreas Follesdal & Jan Wouters eds., Multilevel Regulation and the EU: The Interplay between Global, European and National Normative Processes (2008) (SSRN)
Private International Law-Making for the Financial Markets 29 Fordham Int’l L. J. 127 (2005) (SSRN)
Technology and Financial Markets
Information Society Challenges to Financial Regulation 37 U. Toledo L. Rev. 307 (2006) (SSRN)
Online Financial Information: Law and Technological Change in Dimity Kingsford Smith & Caroline Bradley eds., Symposium on Online Investing and the Online Consumer 26 Law & Policy 371-506 (2004) at 375.
Gaming the System: Virtual Worlds and the Securities Markets (October, 2007). University of Miami Legal Studies Research Paper No. 10 Available at SSRN: http://ssrn.com/abstract=1022441
Virtual Worlds, Real Rules (with Michael Froomkin) 49 N.Y.L.Sch. L Rev 103 (2004/2005)
Transatlantic Misunderstandings: Corporate Law and Societies 53 U. Miami L. Rev. 269 (1999)
– Intersections in Financial Regulation After the Crisis? (April 2011)