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In Fiduciary Law, Tamar Frankel examines the structure, principles,
themes, and objectives of fiduciary law. Fiduciaries, which include
corporate managers, money managers, lawyers, and physicians among
others, are entrusted with money or power. Frankel explains how
fiduciary law is designed to offer protection from abuse of this
method of safekeeping. She deals with fiduciaries in general, and
identifies situations in which fiduciary law falls short of
offering protection. Frankel analyzes fiduciary debates, and argues
that greater preventive measures are required. She offers
guidelines for determining the boundaries and substance of
fiduciary law, and discusses how failure to enforce fiduciary law
can contribute to failing financial and economic systems. Frankel
offers ideas and explanations for the courts, regulators, and
legislatures, as well as the fiduciaries and entrustors. She argues
for strong legal protection against abuse of entrustment as a means
of encouraging fiduciary services in society. Fiduciary Law can
help lawyers and policy makers designing the future law and the
systems that it protects.
Law and the Financial System: Securitization and Asset Backed
Securities provides students and practitioners with a comprehensive
source of materials and references for understanding the process
and issues that surround the conversion of illiquid financial
assets into tradable securities. The book begins with an overview
of the financial system and the place of securitization in the
system. The book focuses on the process and law of securitization
and is derived largely from Tamar Frankel's treaties,
Securitization (2nd ed. 2005). The book concludes with a global
view of securitization and an assessment of the impact and future
of securitizing financial assets. The legal text is enhanced with
case studies and simulation exercises that bring context and
practical application to the subject. Study questions covering law,
business and public policy provide students with an opportunity to
discuss and debate areas where answers are complex and often
indeterminate. Simulation exercises enable students to test their
own ideas with their peers using real world examples. The book can
be used as a stand alone course on securitization or as a
supplementary text for courses on financial regulation.
Practitioners will find the book a useful desk reference. This is
the second book co-authored by Mark Fagan and Tamar Frankel. The
first was "Trust and Honesty in the Real World" (2007). About the
authors: Tamar Frankel authored Fiduciary Law (2008), Trust and
Honesty, America's Business Culture at a Crossroad (2006),
Securitization (2d.ed 2006), The Regulation of Money Managers (2d
ed. 2001 with Ann Taylor Schwing), and more than 70 articles. A
long-time member of the Boston University School of Law faculty,
Professor Frankel was a visiting scholar at the Securities and
Exchange Commission and at the Brookings Institution. A native of
Israel, Professor Frankel served in the Israeli Air Force, was an
assistant attorney general for Israel's Ministry of Justice and the
legal advisor of the State of Israel Bonds Organization in Europe.
She practiced in Israel, Boston and Washington, D.C. and is a
member of the Massachusetts Bar, the American Law Institute, and
The American Bar Foundation. Mr. Fagan's research centers on the
role of regulation in competitive markets. He has written about the
impact of deregulation in the financial, transportation and
electricity sectors. He teaches courses and guest lectures at
Boston University School of Law and at Harvard Kennedy School. He
has been a frequent seminar speaker at Harvard Kennedy School's
Mossavar-Rahmani Center for Business and Government; recent topics
include the subprime disaster, securitization, Ponzi schemes, and
financial bubbles. Mark Fagan is a founding partner of Norbridge,
Inc. a general management consulting firm. He works with clients in
the transportation, telecommunications and utility industries as
they grapple with increasing shareholder value in a deregulated
world. Prior to Norbridge, he was a Vice President of Mercer
Management Consulting.
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