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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… 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. Current projects include the regulation of mutual funds, an empirical analysis of securities arbitration, and a reconceptualization of the structure of private securities fraud litigation. Recently Fisch traveled to China to meet with Chinese regulators and to lecture on regulatory issues resulting from the globalization of the capital markets. She received the Robert A. Gorman Award for Excellence in Teaching in 2010-2011.


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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Expertise

  • Corporate Governance
  • Securities Regulation
  • Federal Courts
  • Litigation

Articles and Book Chapters

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

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).

Fiduciary Duties and the Analyst Scandals, 58 ALA. L. REV. 1083 (2007).

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).

The “Bad Man” Goes to Washington: The Effect of Political Influence on Corporate Duty, 75 FORDHAM L. REV. 1593 (2006).

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).

The New Federal Regulation of Corporate Governance, 28 HARVARD J.L. & PUB. POL’Y 39 (2004).

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).

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).

More publications can be found here.

Working Papers

Confronting the Peppercorn Settlement in Merger Litigation: An Empirical Analysis and a Proposal for Reform, TEX. L. REV. (Forthcoming) (with Steven M. Davidoff and Sean J. Griffith). (forthcoming)
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The Long Road Back: Business Roundtable and the Future of SEC Rulemaking, __ SEATTLE U. L. REV. __. (forthcoming 2013)
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The Trouble with Basic: Price Distortion after Halliburton, __ WASH. U. L. REV. __. (forthcoming 2013)
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Regulation FD: An Alternative Approach to Addressing Information Asymmetry, in RESEARCH HANDBOOK ON INSIDER TRADING (Stephen Bainbridge ed., forthcoming Apr. 2013). (forthcoming 2013)
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The Influence of Arbitrator Background and Representation on Arbitration Outcomes (July 16, 2012), U of Penn, Inst for Law & Econ Research Paper No. 12-35 (July 16, 2012) (with Choi, Stephen J. Choi & Adam C. Pritchard). (forthcoming)
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Why Do Retail Investors Make Costly Mistakes? An Experiment on Mutual Fund Choice, U of Penn Inst for Law & Econ Research Paper No. 12-24 (May 2013) (with Tess Wilkinson-Ryan). (forthcoming)
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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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