The Triumph, Tragedy and Lost Legacy of James M Landis: A Life on Fire
James M Landis - scholar, administrator, advocate and political adviser - is known for his seminal contribution to the creation of the modern system of market regulation in the USA. As a highly influential participant in the politics of the New Deal he drafted the statute which was to become the foundation for securities regulation in the US, and by extension the founding principle of financial market regulation across the world. He was also a complex and in some ways tragic figure, whose glittering career collapsed following the revelation that he had failed to pay tax for a five year period in the 1950s. The oversight was to cost possible elevation to the Supreme Court, forced prosecution and sentencing in 1963 to one month's imprisonment, commuted to forced hospitalisation, and subsequent suspension of licence to practise. This candid and revealing book sets his life in the context of his work as an academic, legislative draftsman, administrator and Dean of Harvard Law School. In rescuing from history Landis's battles and achievements in regulatory design, theory and practice, it speaks directly to the perennial problems in financial market regulation - how to deal with institutions deemed too big to fail, how to regulate the sale of complex financial instruments and what role can the professions play as gatekeepers of market integrity. It argues that in failing to learn from the lessons of history we limit the capacity of regulatory intervention to facilitate cultural change, without which contemporary responses to financial crises are destined to fail.
1119004704
The Triumph, Tragedy and Lost Legacy of James M Landis: A Life on Fire
James M Landis - scholar, administrator, advocate and political adviser - is known for his seminal contribution to the creation of the modern system of market regulation in the USA. As a highly influential participant in the politics of the New Deal he drafted the statute which was to become the foundation for securities regulation in the US, and by extension the founding principle of financial market regulation across the world. He was also a complex and in some ways tragic figure, whose glittering career collapsed following the revelation that he had failed to pay tax for a five year period in the 1950s. The oversight was to cost possible elevation to the Supreme Court, forced prosecution and sentencing in 1963 to one month's imprisonment, commuted to forced hospitalisation, and subsequent suspension of licence to practise. This candid and revealing book sets his life in the context of his work as an academic, legislative draftsman, administrator and Dean of Harvard Law School. In rescuing from history Landis's battles and achievements in regulatory design, theory and practice, it speaks directly to the perennial problems in financial market regulation - how to deal with institutions deemed too big to fail, how to regulate the sale of complex financial instruments and what role can the professions play as gatekeepers of market integrity. It argues that in failing to learn from the lessons of history we limit the capacity of regulatory intervention to facilitate cultural change, without which contemporary responses to financial crises are destined to fail.
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The Triumph, Tragedy and Lost Legacy of James M Landis: A Life on Fire

The Triumph, Tragedy and Lost Legacy of James M Landis: A Life on Fire

by Justin O'Brien
The Triumph, Tragedy and Lost Legacy of James M Landis: A Life on Fire

The Triumph, Tragedy and Lost Legacy of James M Landis: A Life on Fire

by Justin O'Brien

Paperback(Reprint)

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Overview

James M Landis - scholar, administrator, advocate and political adviser - is known for his seminal contribution to the creation of the modern system of market regulation in the USA. As a highly influential participant in the politics of the New Deal he drafted the statute which was to become the foundation for securities regulation in the US, and by extension the founding principle of financial market regulation across the world. He was also a complex and in some ways tragic figure, whose glittering career collapsed following the revelation that he had failed to pay tax for a five year period in the 1950s. The oversight was to cost possible elevation to the Supreme Court, forced prosecution and sentencing in 1963 to one month's imprisonment, commuted to forced hospitalisation, and subsequent suspension of licence to practise. This candid and revealing book sets his life in the context of his work as an academic, legislative draftsman, administrator and Dean of Harvard Law School. In rescuing from history Landis's battles and achievements in regulatory design, theory and practice, it speaks directly to the perennial problems in financial market regulation - how to deal with institutions deemed too big to fail, how to regulate the sale of complex financial instruments and what role can the professions play as gatekeepers of market integrity. It argues that in failing to learn from the lessons of history we limit the capacity of regulatory intervention to facilitate cultural change, without which contemporary responses to financial crises are destined to fail.

Product Details

ISBN-13: 9781509913015
Publisher: Bloomsbury Academic
Publication date: 02/23/2017
Edition description: Reprint
Pages: 208
Product dimensions: 6.14(w) x 9.21(h) x 0.44(d)

About the Author

Justin O'Brien is an Australian Research Council Future Fellow, Professor of Law and Director of the Centre for Law, Markets and Regulation, UNSW Law, University of New South Wales. He is also a Lab Fellow at the Edmond J Safra Center for Ethics at Harvard University.

Table of Contents

Preface vii

Introduction - The Trials of James M Landis 1

1 The Draftsman: The Normative Underpinnings of the Disclosure Paradigm 13

2 The Administrator: Codes of Conduct and the Dynamics of Regulatory Politics 37

3 The Activist: Institutionalizing the New Deal 61

4 The Firelighter: The Existential Choice 81

5 The Transformational Dean: Law, Lawyers and Society 93

6 The Advisor: Revitalizing and Losing Regulatory Authority 113

7 The Fall: Hubris and the Making of a Greek Tragedy 135

Conclusion - The Lost Legacy: James M Landis and the Future of Regulatory Capitalism 163

Index 189

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