GW Law Faculty Publications
Contracts in the Real World: Stories of Popular Contracts and Why They Matter. 2nd ed. Cambridge [UK]: Cambridge University Press, 2016.
First edition published in 2012.
(With Smiddy, Linda O.) Corporations and Other Business Organizations: Cases, Materials and Problems (9th ed. 2016).
Sixth edition published in 2005, with Larry D. Soderquist and Linda O. Smiddy.
Seventh edition. Newark, N.J. : LexisNexis, 2010.
Eighth edition (2014).
(With Eide, Torkell T., and Patrick Hargreaves.) Quality Investing: Owning the Best Companies for the Long Term. Petersfield, Hampshire, Great Britain: Harriman House, 2016.
The Buffett Essays Symposium: A 20th Anniversary Annotated Transcript with Warren Buffett & Charlie Munger. Petersfield, UK: Harriman House, 2016.
The Essays of Warren Buffet: Lessons for Corporate America. 4th ed. [Durham, N.C.] : Carolina Academic Press, 2015.
First edition (New York: Cardozo Law Review) published in 2001. Also translated into numerous languages.
Revised edition published in 2004.
Second edition published in 2008.
Third edition published in 2013.
Berkshire Beyond Buffett: The Enduring Value of Values. New York: Columbia University Press, 2014.
Introductory Accounting for Lawyers. St. Paul: West Academic, 2014.
(With Greenberg, Maurice R.) The AIG Story. Hoboken, N.J.: John Wiley & Sons, 2013.
Introductory Accounting, Finance and Auditing for Lawyers. 5th ed. St. Paul, MN : Thomson West, 2009.
Fourth edition published in 2004.(br> Third edition published in 2002.
Second edition published in 1999.
First edition published in 1997.
(with Smiddy, Linda). Soderquist on Corporate Law and Practice 3rd ed. New York : Practising Law Institute, 2007.
(with Mitchell., Lawrence E. and Jeffrey J. Haas). Corporate Finance and Governance: Cases, Materials and Problems. 3rd ed. Durham, N.C. : Carolina Academic Press, 2006.
Second edition published in 1996 with Lawrence E. Mitchell and Lewis D. Solomon. Supplemented in 2003..
Heights of Justice: Discourse from Boston College Law School. Durham, N.C. : Carolina Academic Press, 2006.
Law and Accounting: Cases and Materials. St. Paul, MN : Thomson West, 2005.
What Is Value Investing? New York : McGraw-Hill, 2004.
Also translated into Chinese.
How to Think Like Benjamin Graham and Invest Like Warren Buffett. Paperback ed. New York : McGraw-Hill, 2002.
First ed. published in 2001.
Also translated into Chinese, Korean and Russian.
Outsmarting the Smart Money: Understand How Markets Really Work and Win the Wealth Game. New York : McGraw-Hill, 2002.
Also translated into Korean.
(with Arthur J. Jacobson). Corbin on Contracts, Annual Supplements, 1994-2001. St. Paul, MN : West Publishing.
Global Corporate Governance. Washington, D.C.: Investor Responsibility Research Center [New York: Aspen Law & Business], 1998.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
Berkshire’s Blemishes: Lessons for Buffett’s Successors, Peers and Policy, 2016 Colum. Bus. L. Rev. 1.
"From Governance to Culture: The CFTC and SROS," Banking & Financial Services Policy Report, Feb. 2016, at 10.
"Berkshire's Disintermediation: A Managerial Model for the Next Generation," 50 Wake Forest Law Review509-531 (2015).
"Intermediary Influence and Competition: Berkshire versus KKR," 82 University of Chicago Law Review Dialogue 177-199 (2015), https://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/82_2/01%20Judge_ART.pdf.
"Deferred Prosecutions and Corporate Governance: An Integrated Approach to Investigation and Reform," 66 Florida Law Review 1-72 (2014).
"Prosecutions in the Governance Business: Improving the Quality of Deferred Prosecution Agreements," Banking & Financial Services Policy Report, Aug. 2014, at p. 1-11.
"Reflections on Contracts in the Real World: History, Currency, Context, and Other Values," (Symposium, Contracts in the Real World: Examining Modern Contract Pedagogy), 88 Washington Law Review 1265-1288 (2013).
Available at http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/1310/88WLR1265.pdf.
"Digital Evolution in Law School Course Books: Trade-Offs, Opportunities and Vigilance," in Legal Education in the Digital Age. Ed. By Edward L. Rubin. Cambridge [UK]: Cambridge University Press, 2012.
"Rhetoric Versus Reality in Arbitration Jurisprudence: How the Supreme Court Flaunts and Flunks Contracts," 75 Law & Contemporary Problems 129-159 (2012).
"The Influence of Law and Economics on Law and Accounting: Two Steps Forward, One Step Back," in Research Handbook on the Economics of Corporate Law. Ed. by Claire A. Hill and Brett H. McDonnell. Northampton, MA: Edward Elgar, 2012.
"A New Legal Theory to Test Executive Pay: Contractual Unconscionability," 96 Iowa Law Review 1177-1245 (2011).
"Traditional Versus Economic Analysis: Evidence from Cardozo and Posner Torts Opinions," 62 Florida Law Review 667-720 (2010).
"The New Federal Corporate Law," 77 The George Washington Law Review 685-707 (2009).
(With Zaring, David.) "The Three or Four Approaches to Financial Regulation: A Cautionary Analysis Against Exuberance in Crisis Response," 78 The George Washington Law Review 39-113 (2009).
(With Bratton, William W.) "Treatment Differences and Political Realities in the GAAP-IFRS Debate," 95 Virginia Law Review 989-1023 (2009).
"Rediscovering Board Expertise: Legal Implications of the Empirical Literature," 77 Cincinnati Law Review 465-499 (2008).
"The SEC's Global Accounting Vision: A Realistic Appraisal of a Quixotic Quest," 87 North Carolina Law Review 1-81 (2008).
"A Prescription to Retire the Rhetoric of 'Principles-Based Systems' in Corporation Law, Securities Regulation, and Accounting," 60 Vanderbilt Law Review 1411-1493 (2007).
"Beyond Liability: Rewarding Effective Gatekeepers," 92 Minnesota Law Review 323-386 (2007).
"Securitizing Audit Failure Risk: An Alternative to Caps on Damages," 49 William and Mary Law Review 711-789 (2007).
(With Asare, Stephen, & Arnold Wright.) "The Sarbanes-Oxley Act: Legal Implications and Research Opportunities," 19 Research in Accounting Regulation 81-105 (2007).
"Language, Deals and Standards: The Future of XML Contracts." 84 Washington University Law Review 313 (2006).
"Scholarly Profit Margins: Reflections on the Web." 81 Indiana Law Journal 271-283 (2006).
"The Common Law as an Iterative Process: A Preliminary Inquiry." 81 Notre Dame Law Review 747-781 (2006).
(With Frankel, Tamar). "The Mysterious Ways of Mutual Funds: Market Timing." 25 Annual Review of Banking and Financial Law 235-293.
"Too Big to Fail: Moral Hazard in Auditing and the Need to Restructure the Industry Before It Unravels." 106 Columbia Law Review 1698-1748 (2006).
"Finance Theory and Accounting Fraud: Fantastic Futures versus Conservative Histories." 53 Buffalo Law Review 789-813 (2005).
"Private Standards in Public Law: Copyright, Lawmaking and the Case of Accounting." 104 Michigan Law Review 291-343 (2005).
"A Model Financial Statement Insurance Act." 11 Connecticut Insurance Law Journal 69-106 (2004).
"A New Product for the State Corporation Law Market: Audit Committee Certifications." 1 Berkeley Business Law Journal 327-368 (2004).
"Choosing Gatekeepers: The Financial Statement Insurance Alternative to Auditor Liability." 52 UCLA Law Review 413-475 (2004).
"Facilitating Auditing's New Early Warning System: Control Disclosure, Auditor Liability and Safe Harbors." 55 Hastings Law Journal 1449-1491 (2004).
"From Convergence to Comity in Corporate Law: Lessons from the Inauspicious Case of SOX." 1 International Journal of Disclosure and Governance 269-298 (2004).
"The Appeal and Limits of Internal Controls to Fight Fraud, Terrorism, Other Ills." 29 Journal of Corporation Law 267-336 (2004).
"Semiotics, Hermeneutics and Cash: An Essay on the True and Fair View." 28 North Carolina Journal of International Law and Commercial Regulation 893-933 (2003).
"The Sarbanes-Oxley Yawn: Heavy Rhetoric, Light Reform (and It Might Just Work)." 35 Connecticut Law Review 915-988 (2003).
"Behavioral Finance and Investor Governance." 59 Washington & Lee Law Review 767-837 (2002).
"Sharing Accounting's Burden: Business Lawyers in Enron's Dark Shadows." 57 Business Lawyer 1421-1462 (2002).
"Comparative Corporate Governance and Pedagogy." 34 Georgia Law Review 721-743 (2000).
"Toward A Prudential and Credibility-Centered Parole Evidence Rule." 68 University of Cincinnati Law Review 269-321 (2000).
"Commonalities and Prescriptions in the Vertical Dimension of Global Corporate Governance." 84 Cornell Law Review 1133-1194 (1999).
"The Endless Quest for Integrity in Financial Reporting" Annual Institute on Securities Regulation no. 30. New York: Practicing Law Institute, 1998.
"The Heyman Center's Roundtable on Insider Trading: Law, Theory, and Practice after O'Hagan." 20 Cardozo Law Review 1- (1998).
"The Heyman Center's Roundtable on Insider Trading: Law, Theory, and Practice." 20 Cardozo Law Review 1-6 (1998).
Symposium: Insider Trading--Law, Policy and Theory after O'Hagan.
"Conversations from the Buffet Symposium." 19 Cardozo Law Review 719-816 ( 1997).
(With Brickman, Lester). "Game Theory and Nonrefundable Retainers: A Response to Professors Croson and Mnookin." 2 Harvard Negotiation Law Review 69-86 (1997).
"Introduction to the Buffett Symposium Papers." 19 Cardozo Law Review 221-236 (1997).
"Cardozo and Posner: A Study in Contracts." 36 William & Mary Law Review 1379-1466 (1995).
"Hermeneutics and Contract Default Rules: An Essay on Lieber and Corbin." 16 Cardozo Law Review 2225-2248 (1995).
(With Brickman, Lester). "Nonrefundable Retainers: A Response to Critics of the Absolute Ban." 64 University of Cincinnati Law Review 11-70 (1995).
Includes Amicus Brief, In re Cooperman, 83 N.Y. 2d 465 (1994), reprinted as Appendix A, pages 42-70.
"Capital Market Theory, Mandatory Disclosure and Price Discovery." 51 Washington & Lee Law Review 843-877 (1994).
(With Yablon, Charles M.). "Delaware Fiduciary Duty Law after QVC and Technicolor: A Unified Standard (and the End of Revlon Duties)." 49 Business Lawyer 1593-1628 (1994).
"'Firm Specific' Information and the Federal Securities Laws: A Doctrinal, Etymological and Theoretical Critique." 68 Tulane Law Review 1409-1455 (1994).
"From Random Walks to Chaotic Crashes: The Linear Genealogy of the Efficient Capital Market Hypothesis." 62 George Washington Law Review 546-608 (1994).
(With Brickman, Lester). "Nonrefundable Retainers Revisited." 72 North Carolina Law Review 1-54 (1993).
(With Brickman, Lester). "Nonrefundable Retainers: Impermissible under Fiduciary, Statutory and Contract Law." 57 Fordham Law Review 149-190 (1988).
"Out-of-State Attorney Fee Forfeiture." 8 Cardozo Law Review 1191 (1987).
Recipient of the New York State Bar Association Legal Ethics Prize.
Review of Gatekeepers: The Professions and Corporate Governance, by J.C. Coffee, Jr. in 40 British Accounting Review 87-88 (2008).
Available online at www.sciencedirect.com.
Review of Responsibility of Corporate Officers and Directors under Federal Securities Laws, by James Hamilton and Ted Trautman. Directors and Boards 12 (Winter 2000).
The Writings of a Joyous Investor, Directorship, July 1, 2016, at 32.
"Understanding Succession at Berkshire Hathaway After Buffett," DealBook: New York Times (March 2 2015), http://www.nytimes.com/2015/03/02/business/dealbook/life-after-buffett-understanding-succession-at-berkshire.html.
"The Philosophy of Warren E. Buffett: Another View," DealBook: New York Times (May 1, 2015), http://www.nytimes.com/2015/05/02/business/dealbook/the-philosophy-of-warren-e-buffett.html.
"No Mistake in Simkin v. Blank Divorce Agreement," Concurring Opinions (Apr. 3, 2012, 6:10 PM), http://www.concurringopinions.com/archives/2012/04/no-mistake-in-simkin-v-blank-divorce-agreement.html.
"So Much for Your Day in Court," Op-Ed., Baltimore Sun (Mar. 21, 2012, 3:22 PM), http://www.baltimoresun.com/news/opinion/oped/bs-ed-arbitration-20120321,0,970456.story.
"AIG's Bonus Blackmail," The New York Times (Op-Ed.), March 17, 2009.
"Beware the Temptation of Global Standards," Financial Times, Sept. 11, 2007.
"Paulson Committee on Regulation: Report Is Muddled," National Law Journal, May 14, 2007.
"Benchmarks," [Academic Dean's Column], Boston College Law School Magazine.
"Paper Tiger," [Judgment Call column], The Deal, page 32 (June 28, 2004).
"Personality over Practice in Corporate Governance," (Judgment Column) The Deal, page 34 (September 22, 2003).
Personality over Practice in Corporate Governance, Directors and Boards (Fall 2003)
"Ignoring the Numbers," Boston College Law School Magazine, page 48 (Spring/Summer 2002).
"The Crisis of Investor Confidence Calls for More Capitalism," The New York Sun (July 3, 2002).
"Congress Overreacts on Audit Reform," (Judgment Call column), The Deal, page 7 (November 4, 2002). (Formerly known as The Daily Deal.)
"Executive Hubris," (Judgment Call column) The Deal, page 16 (July 3, 20020. (Formerly known as The Daily Deal.
"Governance Reform: Boon or Bafflegab?," Directors and Boards (Spring 2001).
"A Triage Approach to Heightened Pleading under the Private Securities Litigation Reform Act." New York: Aspen Law & Business, 1999.
"Comparative Rhetoric in Director's Defensive Duties and its Global Deficiency." New York: Aspen Law & Business, 1999.
"Warren Buffett on the Role of the Board," Corporate Board (July-August 1998).
"The Modern Sensibility of New York's New Business Corporation Law." New York: Aspen Law & Business, 1998.
"Preventive Corporate Lawyering: Averting Accounting Scandals," Cardozo Life (Spring 1997).
(with Brickman, Lester). "Living with the Ban on Nonrefundable Retainers: Cooperman's Scope, Meaning and Consequences," 66 New York State Bar Journal 50 (Sept./Oct. 1994).
(with Stoller, Daniel and Kenneth Saverin). "Institutional Ownership: Shareholder Activism and Reporting of Holdings, 575 PLI Corporate Law Series 9 (1987).
(with Stoller, Daniel and Kenneth Saverin). "Institutional Ownership: Shareholder Activism and Reporting of Holdings," 575 PLI Corporate Law Series 9 (1987).