Faculty and Scholarship
Business Law Scholarship (2013-2014)
Fordham Law School Business Law faculty are prominent scholars, well recognized and respected for the clarity, depth and scope of their research and writing, and frequent participants in national and international conferences.
A selction of published research follows:
“Who Governs? Delegation and Delegates in Global Trade Lawmaking” by Terence Halliday, Josh Pacewicz, and Susan Block-Lieb is an original piece that carefully examines who really sets global norms on trade and commercial law at the most prominent trade law legislature, the UN Commission on International Trade Law (UNICTRAL). The research is based on ten years of fieldwork, interviews, and data-collection on delegation and delegate attendance on one central UNICTRAL working group. UNICTRAL’s public face accords with global norms of democratic governance. The reality about rule-making is quite different. Halliday, Pacewicz, and Block-Lieb strikingly find that only a tiny and largely unrepresentative set of state and non-state actors have meaningfully been involved in writing the law. The analysis is neat and novel, the empirical work very impressive, and the findings are highly consequential for global governance debates.
Richard Squire was the Joseph P. Cunningham Visiting Professor of Commercial and Insurance Law at Columbia Law School (Fall 2013)
• Article “Parallel Contract” will be published in the University of Pittsburgh Law Review. This was earlier presented at the Association of American Law Schools Annual Meeting -- Section on Contract, Regulating for Decent Work conference at the International Labor Organization, Georgetown Law School workshop on Contract and Promise and UCLA Legal Theory workshop.
• Presented my partial draft of “The Political Economy of Contract Regulation” at the University of Colorado Law School Junior Business Law Colloquium (July 2012), the 2012 Labor and Employment Law Colloquium (September 2012) and the International and Comparative Junior Scholar Workshop at Columbia Law School (March 2013).
Who Governs? Delegations In Global Trade Lawmaking (with Terence Halliday and Josh Pacewicz), ___ Gov. & Reg. ___ (forthcoming 2013) (this has gone to press, but has not yet been published)
Accountability and the New Bureau of Consumer Financial Protection, 7 Brooklyn J. Corp. & Fin. L. 25 (2012)
What Congress Had to Say: Legislative History as a Rehearsal of Congressional Response to Stern v. Marshall, 86 Am. Bankr. L. J. 55 (2012)
Books and Book chapters:
CONTEMPORARY ISSUES IN CONSUMER BANKRUPTCY (16 chapters to be co-edited with Johanna Niemi and Wolfram Backert; forthcoming 2013)(final draft submitted to publisher; we are negotiating the last few typos)
The Microeconomics and Macropolitics of Systemic Financial Crisis: Bankruptcy as a Point of Reference (with Terence Halliday)(submitted to editors for submission to publishers)
Settling (with Terence Halliday), in TRANSNATIONAL LEGAL ORDERS (Terence Halliday and Gregory Shaffer eds.)(submitted to editors for submission to publishers)
Global Duelists: The Recursive Politics of the Text in International Trade Law (with Terence Halliday), in SOCIO-LEGAL APPROACHES TO INTERNATIONAL ECONOMIC LAW: TEST, CONTEXT, SUBTEXT (Amanda Perry-Kessaris ed. 2012)
Missing Debtors: National Lawmaking and Global Norm-making of Corporate Bankruptcy Regimes (with Terence Halliday and Bruce Carruthers), in A DEBTOR WORLD (Ralph Brubaker, Robert M. Lawless and Charles J. Tabb, eds; Oxford University Press 2012)
The Limits of Enhanced Disclosure in Bankruptcy Law: Anticipated and Experienced Emotion (with Richard L. Wiener, Jason A. Cantone and Michael Holtje), in A DEBTOR WORLD (Ralph Brubaker, Robert M. Lawless and Charles J. Tabb, eds; Oxford University Press 2012)
Works in progress:
GLOBAL LEGISLATURES: PRODUCING COMMERCIAL LAWS FOR THE WORLD (with Terence Halliday)
Contorting Consumer Financial Protection (with Ted Janger)
Mortgage Modification in Bankruptcy Without a Legal Mandate: Reporting on the Implication of the Loss Mitigation Program in the Bankruptcy Court for the Southern District of New York (with Ted Janger, Chrystin Ondersman and Ramona Ortega)(empirical analysis of complete data set on loss mitigation orders in Bankr. SDNY, with discussion of implication of this mediative program for mortgage modification more generally)
Recent and Upcoming Presentations:
June 20-21, 2013 Fordham Law LLM Alumni gathering in Vienna, Austria. I will present a paper co-authored with Terence Halliday entitled “The Microeconomics and Macropolitics of Systemic Financial Crisis: Bankruptcy as a Point of Reference.”
June 3, 2013 Coalition for Debtor Education annual conference, “The Mortgage Crisis – Five Years Later.” I will moderate a panel on “The Ethics of Sub-Prime Lending,” with Josh Zinner from NEDAP, Profs. Aditi Bagchi and Bruce Green from Fordham Law School, and Prof. David Reiss from Brooklyn Law School.
May 30-June 1, 2013 Law & Society Annual Meeting in Boston, MA. I will present a paper co-authored with Terence Halliday entitled “The Microeconomics and Macropolitics of Systemic Financial Crisis: Bankruptcy as a Point of Reference.” At the same LSA conference, Dr. Halliday will present our co-authored piece entitle “Settling,” and Prof. Ted Janger will present our co-authored draft on “Enforcement of Consumer Financial Protection Regulation: A Comparative View.”
May 22, 2013 Fordham Law School Retreat. In one of the 5-5-5 sessions, I will present “Contorting Consumer Financial Protection,” a draft paper co-authored with Prof. Ted Janger.
May 10-11, 2013 Presentation to ABF/Illinois Center on Law and Globalization at the University of Wisconsin on my research with co-author and senior ABF fellow Terence Halliday on UNCITRAL; I presented a chapter from our upcoming book entitled “The (Informal) Politics of Work.”
April 15-19, 2013 UNCITRAL Insolvency Working Group Session, UN offices in New York City. I served as a delegate from the American Bar Association.
March 8-14, 2013 University of Zagreb. I was asked by Prof. Jasna Garasic to teach and give public lectures at the University of Zagreb and the Croatian Bar Association on corporate reorganization and consumer bankruptcy law, and on bar associations, professionalism and the current financial crisis.
March 6, 2013 UK Secured Transactions Law Reform Project meeting of working groups at office of Allen & Overy. Invited to attend this working group session by Georgia Quenby and Roy Goode.
Feb. 28, 2013 Fordham Urban Law Journal, Conference to celebrate its Fortieth Anniversary. I moderated a panel on urban consumer protection law.
January 10-11, 2013 Conference to honor Sir Roy Goode at Oxford University. I attended this conference and dinner in Oxford at the invitation of Louise Guillifer.
Dec. 13-14, 2012 World Bank Task Force on Insolvency and Creditor/Debtor Regimes to review and ratify the Report on the Treatment of the Insolvency of Natural Persons in Washington DC. While I was originally scheduled to attend this conference in person, my broken knee-cap prevented this travel. I “attended” the conference virtually, however, since it was streamed on the Internet.
Nov. 26-30, 2012 UNCITRAL Insolvency Working Group Session, UN offices in Vienna. I should have served as a delegate from the Amercan Bar Association, but cancelled because I broke my knee-cap that month and was unable to travel.
Nov. 8, 2012 Conference on “Sovereign Insolvency – Several Legal Solutions” at Jean Monnet Inter-University Centre of Excellence in Opatija, Croatia. I would have presented “The Microeconomics and Macropolitics of Sovereign Financial Crises: Bankruptcy as a Point of Reference” but for the fact that I broke my knee-cap the day before this conference.
Oct. 18, 2012 Cooper-Walsh Symposium. Together with Vice Dean Foster, I moderated this year’s event on Urban Policing Practices.
Publications since June 1, 2012
• Corporate Governance, Corporate and Employment Law, and the Costs of Expropriation [with Giulio Ecchia & Piero Pasotti], 8 REV. L. & ECON. 457-486 (2012), working paper version available at http://ssrn.com/abstract=1430623.
• Rudolf von Jhering’s Influence on Karl Llewellyn [with Julie Grisé & Robert Whitman], 48 TULSA L. REV. 93-116 (2012).
• Book review: Austrian Law and Economics, edited by Mario J. Rizzo, 67 ZEITSCHRIFT FÜR ÖFFENTLICHES RECHT 819-831 (2012).
Forthcoming and accepted publications
• The Pension System and the Rise of Shareholder Primacy, forthcoming in 43 SETON HALL L. REV. (2013) [single-spaced manuscript of 44 pages], working paper available at http://ssrn.com/abstract=2079607.
• Shareholder-Stakeholder Debates: From Institutional Theories to Private Pensions, forthcoming in COMPANY LAW AND CSR: CONVERGENCE OR DIVERGENCE? A COMPARATIVE APPROACH ABOUT THE NEW CHALLENGE OF LAW (Ivan Tchoutourian ed. 2013) [28-page manuscript].
Presentations given since June 1, 2012
• Law & Economics der Kapitalmarktinformationshaftung [Economic Analysis of Liability for Misinformation on Capital Markets], 1. Wiener Unternehmensrechtstag (symposium presentation in German language), University of Vienna, October 8, 2012.
• Forced Capitalists: The Pension System and the Rise of Shareholder Primacy, Fordham Faculty Workshop, February 21, 2013.
• The Pension System and the Rise of Shareholder Primacy, Law and Economics Workshop, London School of Economics and Political Science (LSE), May 1, 2013.
• Risk-shifting through Issuer Liability and Corporate Monitoring, Student Workshop, London School of Economics and Political Science (LSE), May 1, 2013.
• The Pension System and the Rise of Shareholder Primacy, Law and Finance Workshop, University of Oxford Faculty of Law, May 2, 2013.
Short presentations, comments, and roundtable participation:
• Panel: Comparative Corporate Governance: Stakeholders and Quotas, International Law Weekend 2012, Fordham Law School, October 26, 2012.
• Panel: Corporate Governance Shifts, Symposium “Comparative Sex Regimes and Corporate Governance”, Pace Law School, February 8, 2013.
Awards and recognition of my scholarship
• Selected as general reporter for the commercial law section of the INTERNATIONAL ACADEMY OF COMPARATIVE LAW’s XIXth International Congress (taking place in Vienna in July 2014). (Topic: The protection of minority investors and the compensation of their losses)
• The Market for Preclusion in Merger Litigation, 66 VANDERBILT LAW REVIEW (forthcoming 2013), with Alexandra D. Lahav.
• The Omnipresent Specter of Omnicare, 37 J. CORP. L. (forthcoming 2013).
• Commentator, Conference on “Derivatives Regulation After the Crisis,” Oxford University, England, June 21-22, 2013 (scheduled).
Business Law Faculty
Adjunct Business Law Faculty
Babitt, The Honorable Roy
Chin, Sylvia Fung
Kavame, Zehra (S.J.D Candidate)
Keyte, James A.
Korzun, Vera (S.J.D. Candidate)
Nakakuki, Emma P.
Teloni, Foteini (Fay) (S.J.D Candidate)