Current Issue

The Return of the Rogue

This Article contends that of the many regulatory options available to the Basel Committee for addressing operational risk it arguably chose the worst: an enforced self-regulatory regime unlikely to substantially…
Read More

On the Boundaries of Culture as an Affirmative Defense

A "cultural defense" to criminal culpability cannot achieve true pluralism without collapsing into a totally subjective, personal standard. Applying an objective cultural standard does not rescue a defendant from the…
Read More

Strategic Governance

Creditors exercise significant power over financially distressed corporations, thereby pushing corporate managers further into the realm of unprofitable risk aversion. The heavy hand of creditor power and the threats creditors…
Read More