Writings & Publications

Jennifer Taub has written extensively on matters including financial reform, corporate governance, and mutual fund regulation.

This includes a book and book chapters; scholarly articles; policy briefs; and opinion pieces, blog entries and comment letters.

Selected Books & Book Chapters:

  • Corporate and White Collar Crime: Cases and Materials, 6th edition, with the late Kathleen Brickey (Wolters Kluwer, 2017).
  • “New Hopes and Hazards for Social Investment Crowdfunding” peer-reviewed book chapter in Law and Policy for a New Economy: Sustainable, Just, and Democratic, edited by Melissa K. Scanlan, forthcoming in 2017.
  • Other People’s Houses: How Decades of Bailouts, Captive Regulators, and Toxic Bankers Made Home Mortgages a Thrilling Business (New Haven, CT: Yale Press, May 2014).
  • “Delays, Dilutions, and Delusions: Implementing the Dodd-Frank Act,” in Restoring Shared Prosperity: A Policy Agenda from Leading Keynesian Economists (2013). [View More]
  • Entries on “Shadow Banking System,” “Deregulation, Financial,” and “Financial and Banking Promotion and Regulation,” in the Oxford Encyclopedia of American Business, Labor and Economic History (New York, NY: Oxford University Press, 2013, Dev. Ed., Eric Stannard).
  • “What We Don’t Talk About When We Talk About Banking,” in The Handbook of the Political Economy of Financial Crises (New York, NY: Oxford University Press, 2013, Gerald Epstein and Martin H. Wolfson, eds.) [View More]
  • “The Sophisticated Investor and the Global Financial Crisis,” in Corporate Governance Failures: The Role of Institutional Investors in the Global Financial Crisis, James Hawley, Syam Kamath and Andrew Williams, eds., (Philadelphia, PA: University of Pennsylvania Press, 2011), [View More]
  • “American International Group” case study for Robert A.G. Monks and Nell Minow’s Corporate Governance, 5th Edition (Wiley, 2011), located in Chapter 7, available in theonline version only, September 2011, [View More]
  • “Great Expectations for the Office of Financial Research,” in Will it Work? How Will We Know? The Future of Financial Reform,  for Roosevelt Institute’sProject on Global Finance (New York, 2010), [View More]
  • Co-author with Ben Branch of “Bankruptcy Ethics” in Finance Ethics: Critical Issues in Theory and Practice (Wiley, 2010), series ed. Robert Kolb, vol. ed. John Boatright.

Selected Articles:

  • “Regulation as Contract,” in progress.
  • “Mind the Gap: Regulating Asset Management after the 2008 Crisis,” in progress.
  • “Law and Economics: Contemporary Approaches,” with Martha McCluskey and Frank Pasquale, Yale Law & Policy Review (2016). [View More]
  • Film review of The Big Short and 99 Homes with New Labor Forum (2016).
  • “The Subprime Specter Returns: High Finance and the Growth of High-Risk Consumer Debt,” New Labor Forum (Jan. 2016). [View More]
  • “Is Hobby Lobby a Tool to Limit Corporate Constitutional Rights?” Constitutional Commentary (2015). [View More]
  • “Regulating in the Light: Harnessing Political Entrepreneurs’ Energy for Post-Crisis Sunlight Hearings,” St. Thomas L. Rev. (2015). [View More]
  • “Reconcilable Differences: Promoting Homeownership While Preventing Systemic Risk,” Annual Review of Insolvency Law (2014). [View More]
  • “Reforming the Banks for Good,” Dissent (summer 2014), [View More]
  • “Unpopular Contracts and Why They Matter: Burying Landgell and Enlivening Students,” Washington Law Review (2013),  [View More]
  • “Money Managers in the Middle: Seeing and Sanctioning Political Spending after Citizens United,” NYU Journal of Legislation and Public Policy, vol. 15, 2012, [View More]
  • “Enablers of Exuberance,” draft paper concerning the relationship between legal acts and omissions and the global financial meltdown, selected for presentation at the Elfenworks Center for the Study of Fiduciary Capitalism at St. Mary’s College of California, October 2009, [View More]
  • “Able But Not Willing: The Failure of Mutual Fund Advisers to Advocate for Shareholders’ Rights,” The Journal of Corporation Law, vol. 34 (2009), [View More]

Selected Policy Briefs:

  • Model syllabus for course on Financial Stability, presented at the Office of Financial Research conference, that I co-organized, held at the U.S. Treasury Department in September 2016.
  • Written Testimony to the Senate Committee on Banking, Housing, and Urban Affairs for the hearing on “Bank Capital and Liquidity Regulation Part II: Industry Perspectives,” June 23, 2016.
  • Written Testimony to the United States House of Representatives Committee on Financial Services, Subcommittee on Capital Markets and Government Sponsored Enterprises, on “Legislative Proposals to Enhance Capital Formation, Transparency, and Regulatory Accountability,” May 17, 2016.
  • Written Testimony to the United States House of Representatives Committee on Financial Services for inclusion in the record of the hearing entitled, “Legislative Proposals to Improve the U.S. Capital Markets,” December 2, 2015 by the Subcommittee on Capital Markets and Government Sponsored Enterprises.
  • “Still Too Big to Fail: Opportunities for Regulatory Action Seven Years After the Bear Stearns’ Rescue, published by the Corporate Reform Coalition. [View More]
  • “Regulations to End ‘Too Big To Fail’ Investment Banking,” S.A.F.E.R. (Economists and Experts Committee for Stable, Accountable, Fair and Efficient Financial Reform) Policy Brief No. 19 and related Policy Note No. 14, January 12, 2010, with James Crotty, Jane D’Arista and Gerald Epstein.
  • “Recommendations for Reality-Based Regulation of Hedge Funds and Other Private Pools of Capital,” and “Dispelling the Top Ten Myths About Hedge Funds,” S.A.F.E.R. Policy Note No. 7, December 3, 2009.

Selected Opinion Pieces, Blogs, and Comment Letters:

  • “Why a Supreme Court Housing Case Could Have a Broad Impact,” New York Times, DealBook, Jan. 23, 2015 [View More]
  • “New Policy Only Goes Partway to Help Homeowners,” New York Times, DealBook, Dec. 12, 2014 [View More]
  • “Post-Lehman, Money Market Fund Protections Still Week,” New York Times, DealBook, Sept. 17, 2014 [View More]
  • “Taking Stock of Four Years of Dodd-Frank,” New York Times, DealBook, July 25, 2014 [View More]
  • “A Second Chance to Help Families Save Their Homes,” New York Times, DealBook, June 13, 2014 [View More]
  • “What Tim Geithner Got Right,” New York Times, DealBook, May 6, 2014, [View More]
  • “Now What? Applying the Economic Dynamic Approach to Financial Reform,” Concurring Opinions, April 5, 2014, [View More]
  • “Time to Reduce Repo Run Risk,” New York Times, DealBook, April 4, 2014 [View More]
  • “Does Your Mutual Fund Have a Religion,” The Conglomerate, March 25, 2014 [View More]
  • “Volcker Rule: A Tall Order and a Small Victory,” Perpetual Crisis blog, December 10, 2013 [View More]
  • “Yes, another bank scandal . . wait, don’t yawn,” Perpetual Crisis blog, November 26, 2013 [View More]
  • “Welcome to the Perpetual Crisis Blog,” Perpetual Crisis blog, November 18, 2013 [View More]
  • Letter to President Obama regarding the Fed Chair nomination — drafted and organized signing by more than 30 economics and law professors with expertise including corporate law or financial market regulation, August 15, 2013, letter discussed here [View More]
  • “Are We There Yet? Mapping Progress on the Third Anniversary of Dodd-Frank, The Pareto Commons, July 22, 2013, [View More]
  • “Thirteen Ways of Looking at a Whale,” The Pareto Commons, March 16, 2013, available at [View More]
  • “Holding Out for Holder to Prosecute Libor Liars,” The Pareto Commons, July 16, 2012, available at [View More]
  • “We heard it from three people, so it must be true,” The Pareto Commons, December 20, 2011, available at [View More]
  • “Everybody Wants to Rule the World,” The Pareto Commons, September 26, 2011, [View More]
  • “Happy 1st Birthday, Dodd-Frank part 1 and part 2, The Pareto Commons, July 20 and 22, 2011, [View More] and [View More]
  • “So Long, Sheila Bair,” The Pareto Commons, July 8, 2011, [View More]
  • “Facing the Unintended Consequences of Janus v. First Derivative Traders,” The Race to the Bottom, June 13, 2011, [View More]
  • “Bipartisan Senate Panel Slams Banks and Bureaucrats: ‘Please Sir, I want some more,’” The Pareto Commons, April 15, 2011, [View More]
  • “If I Had a Hammer,” The Pareto Commons, March 12, 2011, [View More]
  • “Mythbusters: Telling the Truth About the Financial Crisis (three-part series), Pareto Commons (and republished on the Big Picture) January 31, February 6 and 10, 2011, [View More] [View More] and [View More]
  • “Let’s Put the “Capital” Back into Capitalism,” The Pareto Commons, January 24, 2011, [View More]
  • “Listening to Loughner: ‘What is government if words have no meaning?’” The Pareto Commons, January 12, 2011, [View More]
  • “Will Bad Funds Make Good Law?: Janus v. First Derivative Traders,” Eight-part series, The Race to the Bottom, January 11, 2011, [View More]
  • Co-author of comment letter regarding Dodd-Frank implementation, from Americans for Financial Reform entitled, “Comment Regarding Determination of Foreign Exchange Swaps and Forwards In response to Notice and Request for Comments published by the Department of the Treasury regarding the Determination of Foreign Exchange Swaps and Forwards,” November 29, 2010, [View More]
  • “Making Mischief after the Midterms?” The Pareto Commons, November 6, 2010, [View More]
  • Assisted drafting comment letter regarding Dodd-Frank implementation from Americans for Financial Reform to the Financial Stability Oversight Council in response to the Advance Notice of Proposed Rulemaking Regarding Authority to Require Supervision and Regulation of Certain Nonbank Financial Companies, November 5, 2010, Document ID: FSOC-2010-0001-0040
  • “Access to the Mutual Fund Proxy,” Harvard Law School Forum on Corporate Governance and Financial Regulation, September 22, 2010, [View More]
  • “It’s Our Money and We’ll Pry if We Want To,” The Pareto Commons, September 4, 2010, [View More]
  • “Fees Will Go On and On,” The Pareto Commons, August 25, 2010, [View More]
  • “Mutual Fund Distribution Fee Reform,” Four-part series, The Race to the Bottom, August 18 – 19, 2010, [View More]
  • “Haunted Houses, the Sequel,” The Pareto Commons, August 13, 2010, [View More]
  • “Haunted Houses,” (Regarding the TARP and tax policy) The Pareto Commons, August 10, 2010, [View More]
  • “Eleven Pens,” (regarding the Elizabeth Warren nomination to the Bureau of Consumer Financial Protection) The Pareto Commons, July 30,2010, [View More]
  • “Desperately Seeking Sixty,” The Pareto Commons, July 1, 2010, [View More]
  • “Mind Your Peas and Queues at the Supreme Court: Reconciling Rent-a-Center with Citizens United,” third part series, The Race to the Bottom, June 29 – 30, 2010, [View More]
  • “It’s Not a Bailout, It’s a Funeral,” The Baseline Scenario, June 17, 2010, [View More]
  • With S.A.F.E.R., “Passing the Lincoln Amendment Gets at a Root of the Crisis,” Huffington Post, May 17, 2010, [View More]
  • “Supporting Swap Desk Spinoffs Just Got Easier,” The Baseline Scenario, May 12, 2010, [View More]
  • With S.A.F.E.R., “The Financial Crisis: We Know Enough; Now Let’s Do Enough,” May 4, 2010, Huffington Post, [View More], also distributed as a letter signed by 17 S.A.F.E.R. members.
  • “Financial Reform and Football,” The Race to the Bottom, April 28, 2010, [View More]
  • With Jane D’Arista and Gerald Epstein, “Ending Wall Street’s Vise: It’s Prevention, Stupid,” Huffington Post, April 23, 2010, [View More]
  • “Clinton Confesses: Rubin and Summers Gave Bad (strike that), Excellent Advice on Derivatives,” The Baseline Scenario, April 20, 2010, [View More]
  • “Will the Senate Clear the Financial Market Minefield?” Huffington Post, April 14, 2010, [View More]
  • “At the FCIC Hearings: The Greenspan Blame Game,” SAFER, April 12, 2010 [View More]
  • “Sarbanes-Oxley Whisteblower Protections Cover Employees of Mutual Fund Firms,” The Race to the Bottom, April 6, 2010, [View More]
  • “Jones v. Harris: Let the First Lawsuit Bloom,” The Race to the Bottom, March 30, 2010, [View More], Cited by:
  • “A Whiff of Repo 105,” The Baseline Scenario, March 16, 2010, [View More].
  • “Don’t Ask, Don’t Tell: Says Goldman Sachs to Shareholders, Part 1 and 2,” The Race to the Bottom, January 15, 2010, [View More]
  • “Jones v. Harris Associates: Let 8,000 Lawsuits Bloom, Part 1 and 2,” The Race to the Bottom, November 3, 2009, [View More] Cited by
  • Signatory of and assisted in review and editing of Brief of Amici Curiae Faculty at Law and Business Schools Support of Respondents (“Faculty Brief”) in Merck v. Reynolds concerning the statute of limitations under Rule 10b-5 of the Securities Exchange Act of 1934, October 2009, [View More]
  • “It’s a Wonderful Lie: Mutual Fund Advocacy for Shareholders’ Rights,” five part series The Race to the Bottom, week of August 17, 2009, [View More]
  • Comment Letter to the SEC Rule Proposal on Facilitating Shareholder Director Nominations, August 13, 2009.
  • Guest Column, “$700 Billion and A lot of Chutzpah,” Daily Hampshire Gazette. September 25, 2008.
Other People's Houses

Other People's Houses

In the wake of the financial meltdown in 2008, there were many who claimed it had been inevitable, that “no one saw it coming,” and that subprime borrowers were to blame.