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Tel: 215.746.3454
Email: jfisch@law.upenn.edu
Expertise
- Corporate Governance
- Federal Courts
- Litigation
- Securities Regulation
Bio
Jill Fisch is a nationally known scholar, whose work focuses on the intersection of business and law, including the role of regulation and litigation in addressing limitations in the disciplinary power of the capital markets.
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Jill Fisch is a nationally known scholar, whose work focuses on the intersection of business and law, including the role of regulation and litigation in addressing limitations in the disciplinary power of the capital markets. Her 1997 paper, Retroactivity and Legal Change: An Equilibrium Approach (Harvard Law Review), introduced a new framework for retroactivity analysis that could apply to both adjudication and legislation. Her 2003 paper (with Stephen Choi), How to Fix Wall Street: A Voucher Financing Proposal for Securities Intermediaries (Yale Law Journal), introduced a voucher financing mechanism to increase accountability for securities intermediaries such as research analysts, proxy advisors and credit rating agencies.
Fisch is a member of the American Law Institute and a former chair of the Committee on Corporation Law of the Association of the Bar of the City of New York.
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Representative Professional Positions
Penn Law – Perry Golkin Professor of Law (2009- ); Professor of Law (2008-09)
Fordham – T.J. Maloney Professor of Business Law and Director, Corporate Law Center (1989-2008)
Visiting Professor – Georgetown, Penn Law, Columbia, Harvard
Cleary, Gottlieb, Steen & Hamilton - Associate (1987-89)
U.S. Justice Department (Honors Program), Criminal Division Trial Attorney (1985-87)
Representative Publications
Attorneys as Arbitrators, J. LEG. STUD. (forthcoming 2010) (with Stephen Choi and A.C. Pritchard).
Director Elections and the Role of Proxy Advisors, 82 S. CAL. L. REV. __ (forthcoming 2009) (with Stephen J. Choi and Marcel Kahan).
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Top Cop or Regulatory Flop? The SEC at 75, 95 VA. L. REV. 785 (2009).
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Cause for Concern: Causation and Federal Securities Fraud, 94 IOWA L. REV. 811 (2009).
- 08/12/08
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Confronting the Circularity Problem in Private Securities Litigation, 2009 WISC. L. REV. 333.
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The Transamerica Case, in THE ICONIC CASES IN CORPORATE LAW (Jonathan Macey ed., 2008).
On Beyond CalPERS: Survey Evidence on the Developing Role of Public Pension Funds in Corporate Governance, 61 VAND. L. REV. 315 (2008) (with Stephen Choi).
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Fiduciary Duties and the Analyst Scandals, 58 ALA. L. REV. 1083 (2007).
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Does Analyst Independence Sell Investors Short?, 55 UCLA L. REV. 39 (2007).
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Measuring Efficiency in Corporate Law: The Role of Shareholder Primacy, 31 J. CORP. L. 637 (2006).
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The “Bad Man” Goes to Washington: The Effect of Political Influence on Corporate Duty, 75 FORDHAM L. REV. 1593 (2006).
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Regulatory Responses to Investor Irrationality: The Case of the Research Analyst, 10 LEWIS & CLARK L. REV. 57 (2006).
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Do Institutions Matter? The Impact of the Lead Plaintiff Provision of the Private Securities Litigation Reform Act, 83 WASH. U. L.Q. 869 (2005) (with Stephen Choi & A.C. Pritchard).
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How Do Corporations Play Politics?: The FedEx Story, 58 VAND. L. REV. 1495 (2005).
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Institutional Competition to Regulate Corporations: A Comment on Macey, 55 CASE W. RES. L. REV. 617 (2005).
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The New Federal Regulation of Corporate Governance, 28 HARVARD J.L. & PUB. POL’Y 39 (2004).
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How to Fix Wall Street: A Voucher Financing Proposal for Securities Intermediaries, 113 YALE L.J. 269 (2003) (with Stephen Choi).
The Securities Analyst as Agent: Rethinking the Regulation of Analysts, 88 IOWA L. REV. 1035 (2003) (with Hillary Sale).
Lawyers on the Auction Block: Evaluating the Selection of Class Counsel by Auction, 102 COLUM. L. REV. 650 (2002).
The Peculiar Role of the Delaware Courts in the Competition for Corporate Charters, 68 U. CIN. L. REV. 1061 (2000).
The Scope of Private Securities Litigation: In Search of Liability Standards for Secondary Defendants, 99 COLUM. L. REV. 1293 (1999).
Retroactivity and Legal Change: An Equilibrium Approach, 110 HARV. L. REV. 1055 (1997).
Rewriting History: The Eradication of Prior Decisional Law Through Settlement and Vacatur, 76 CORNELL L. REV. 589 (1991) (cited in U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18 (1994)).
For additional publications, please consult
Current & Recent Research
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