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Jill E. Fisch

Perry Golkin Professor of Law; Co-Director, Institute for Law and Economics

Jill Fisch

Jill Fisch is an internationally 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 work, which consists of more than 50 scholarly articles, has appeared in the top law reviews including the Harvard Law Review, the Yale Law Journal and the University of Pennsylvania Law Review. Continue reading…

Expertise

  • Corporate Governance
  • Securities Regulation
  • Federal Courts
  • Litigation

Articles and Book Chapters

How Corporate Governance Is Made: The Case of the Golden Leash, U of Penn, Inst for Law & Econ Research Paper No. 15-26; U. PA. L. REV., forthcoming (with Matthew D. Cain, Steven J. Griffith, and Steven Davidoff Solomon). (forthcoming)

Confronting the Peppercorn Settlement in Merger Litigation: An Empirical Analysis and a Proposal for Reform, 93 TEX. L. REV. 557 (2015) (with Sean J. Griffith and Steven M. Davidoff).

The Influence of Arbitrator Background and Representation on Arbitration Outcomes, 9 VA. L. & BUS. REV. 43 (2014). (with Stephen J. Choi & Adam C. Pritchard).

Why Do Retail Investors Make Costly Mistakes? An Experiment on Mutual Fund Choice, 162 U. PA. L. REV. 605 (2014) (with Tess Wilkinson-Ryan).

The Long Road Back: Business Roundtable and the Future of SEC Rulemaking, 36 SEATTLE U. L. REV. 695 (2013).

Leave it to Delaware: Why Congress Should Stay out of Corporate Governance, 37 DEL. J. CORP. L. 731 (2013).

The Trouble with Basic: Price Distortion after Halliburton, 90 WASH. U. L. REV. 895 (2013).

Regulation FD: An Alternative Approach to Addressing Information Asymmetry, in RESEARCH HANDBOOK ON INSIDER TRADING (Stephen Bainbridge ed., Elgar 2013).

The Destructive Ambiguity of Federal Proxy Access, 61 EMORY L.J. 435 (2012).

A Floating NAV for Money Market Funds: Fix or Fantasy?, 2012 U. ILL L. REV. 1003 (2012) (with Eric Roiter).

How Powerful is ISS? Less-and in Different Ways-than Most People Think, 19 CORP. GOVERNANCE ADVISOR 7 (2011) (with Stephan Choi and Marcel Kahan).

The Power of Proxy Advisors: Myth or Reality?, 59 EMORY L.J. 869 (2010) (with Stephen Choi and Marcel Kahan).

Securities Intermediaries and the Separation of Ownership from Control, 33 SEATTLE U. L. REV. 877 (2010).

Rethinking the Regulation of Securities Intermediaries, 158 U. PA. L. REV. 1961 (2010).

The Overstated Promise of Corporate Governance, 77 U. CHI. L. REV. 923 (2010) (Reviewing JONATHAN MACEY, CORPORATE GOVERNANCE: PROMISES KEPT, PROMISES BROKEN (2008)).

Attorneys as Arbitrators, 39 J. LEGAL STUD. 109 (2010) (with Stephen Choi and A.C. Pritchard).

Director Elections and the Role of Proxy Advisors, 82 S. CAL. L. REV. 649 (2009) (with Stephen J. Choi and Marcel Kahan).

Top Cop or Regulatory Flop? The SEC at 75, 95 VA. L. REV. 785 (2009).

Cause for Concern: Causation and Federal Securities Fraud, 94 IOWA L. REV. 811 (2009), reprinted in 42 SEC. L. REV. 460 (2010).

Confronting the Circularity Problem in Private Securities Litigation, 2009 WISC. L. REV. 333.

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).

Does Analyst Independence Sell Investors Short?, 55 UCLA L. REV. 39 (2007).

Measuring Efficiency in Corporate Law: The Role of Shareholder Primacy, 31 J. CORP. L. 637 (2006).

How to Fix Wall Street: A Voucher Financing Proposal for Securities Intermediaries, 113 YALE L.J. 269 (2003) (with Stephen Choi).

Lawyers on the Auction Block: Evaluating the Selection of Class Counsel by Auction, 102 COLUM. L. REV. 650 (2002).

More publications can be found here.

Working Papers

The Broken Buck Stops Here: Embracing Sponsor Support in Money Market Fund Reform (June 16, 2014). U of Penn, Inst for Law & Econ Research Paper No. 14-24. (forthcoming)
[View Document]

Research Areas

  • Corporate Law
  • Corporate Governance
  • Securities Regulation and Litigation
  • Federal Courts

Positions

Fordham – T.J. Maloney Professor of Business Law and Director, Corporate Law Center (1989-2008)

Penn Law – Perry Golkin Professor of Law (2009- ); Professor of Law (2008-09)

U.S. Justice Department (Honors Program), Criminal Division Trial Attorney (1985-87)

Cleary, Gottlieb, Steen & Hamilton - Associate (1987-89)

Visiting Professor – Georgetown, Penn Law, Columbia, Harvard

Professional Activities

Association of American Law Schools: Chair, Section on Business Associations – Academic Year 2004-2005; Chair, Section on Securities Regulation – Academic Year 2008-2009

Member, American Law Institute

Member, American Law & Economics Association

Board of Academic Advisors, Institute for Law & Economic Policy

Courses

  • Corporations
  • Securities Regulation
  • Corporate Governance Seminar
  • Federal Courts

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