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Books
SECURITIES LITIGATION, ENFORCEMENT, AND COMPLIANCE: CASES AND MATERIALS, 5th ed. (with Lisa M. Fairfax and Veronica Root Martinex), West Publishing, 2023.
SECURITIES LITIGATION AND ENFORCEMENT IN A NUTSHELL, 2nd ed. (with Margaret V. Sachs and Gerald J. Russello). St. Paul, MN: West Academic, 2020.
SECURITIES LITIGATION AND ENFORCEMENT: CASES AND MATERIALS, 4th Ed. (with Richard W. Painter and Margaret V. Sachs). Egan, MN: West, 2017.
SECURITIES LITIGATION AND ENFORCEMENT IN A NUTSHELL (with Margaret V. Sachs and Gerald J. Russello). St. Paul, MN: West Academic, 2016.
SECURITIES LITIGATION AND ENFORCEMENT: CASES AND MATERIALS, 3rd Ed. (with Richard W. Painter and Margaret V. Sachs). Egan, MN: West, 2011. With Teacher's Manual.
SECURITIES LITIGATION AND ENFORCEMENT: CASES AND MATERIALS, 2nd Ed. (with Richard W. Painter and Margaret V. Sachs). Egan, MN: West, 2008. With Teacher's Manual.
SECURITIES LITIGATION AND ENFORCEMENT: CASES AND MATERIALS (with Richard W. Painter and Margaret V. Sachs). Egan, MN: West, 2003. Update 2006.
FERRARA ON INSIDER TRADING AND THE WALL (with Ralph C. Ferrara and Herbert Thomas). New York: Law Journals Seminar Press, 2002. Updates 2006, 2007, 2008.
Articles
ESG and Climate Change Blind Spots: Turning the Corner on SEC Disclosure (with Cynthia A. Williams), 99 TEXAS LAW REVIEW 1453 (2021). [HeinOnline]
Chiarella v. United States and its Indelible Impact on Insider Trading Law, 15 TENNESSEE JOURNAL OF LAW AND POLICY 6 (2020). [HeinOnline] [SSRN]
The Statutory Authority for Court-Ordered Disgorgement in SEC Enforcement, 71 SMU LAW REVIEW 895 (2018). [HeinOnline] [SSRN]
Beyond Dirks: Gratuitous Tipping and Insider Trading, 42 JOURNAL OF CORPORATION LAW 1 (2016). [HeinOnline] [SSRN]
Salman v. United States: Insider Trading's Tipping Point?, 69 STANFORD LAW REVIEW ONLINE 28 (Oct. 2016). [HeinOnline]
The Costs of Mandatory Cost-Benefit Analysis in SEC Rulemaking, 57 ARIZONA LAW REVIEW 129 (2015). [HeinOnline]
Plugging Leaks and Lowering Levees in the Federal Government: Practical Solutions for Securities Trading Based on Political Intelligence (with Richard W. Painter), 2014 UNIVERSITY OF ILLINOIS LAW REVIEW 1521.[HeinOnline] [SSRN]
Owning Stock While Making Law: An Agency Problem and a Fiduciary Solution 48 WAKE FOREST LAW REVIEW 567 (2013). [HeinOnline] [SSRN]
Selective Disclosure by Federal Officials and the Case for an FGD (Fairer Government Disclosure) Regime (with Richard W. Painter), 2012 WISCONSIN LAW REVIEW 1285 (2012). [SSRN] [HeinOnline]
Insider Trading, Congressional Officials, and Duties of Entrustment, 91 BOSTON UNIVERSITY LAW REVIEW 1105 (2011). [SSRN] [HeinOnline] Reprinted in 44 SECURITIES LAW REVIEW (2012) (D. C. Langevoort, Ed.) and 54 CORPORATE PRACTICE COMMENTATOR (2012) (R. B. Thompson, Ed.).
Is the PCAOB a "Heavily Controlled Component" of the SEC?: An Essential Question in the Constitutional Controversy, 71 UNIVERSITY OF PITTSBURGH LAW REVIEW 361 (2010). [SSRN] [HeinOnline]
Insider Trading and the Gradual Demise of Fiduciary Principles, 94 IOWA LAW REVIEW 1315 (2009). [SSRN] [HeinOnline]. Reprinted in 52 CORPORATE PRACTICE COMMENTATOR 1 (2010) (R. B. Thompson, Ed.).
Criminalization of Corporate Law: The Impact of Criminal Sanctions on Corporate Misconduct, 2 JOURNAL OF BUSINESS & TECHNOLOGY LAW 111 (2007). [HeinOnline]
Regulating the Mutual Fund Industry, 1 BROOKLYN JOURNAL OF CORPORATE, FINANCIAL AND COMMERCIAL LAW 11 (2006). [SSRN] [HeinOnline]
A Dedication to Dean Joseph P. Tomain: Educator, Scholar, and Leader (with Barbara G. Watts), 74 UNIVERSITY OF CINCINNATI LAW REVIEW 1 (2005). [HeinOnline]
Playing Peekaboo with Constitutional Law: The PCAOB and Its Public/Private Status, 80 NOTRE DAME LAW REVIEW 975 (2005). [SSRN] [HeinOnline]. Reprinted in 38 SECURITIES LAW REVIEW 424 (2006).
The “Possession vs. Use” Debate in the Context of Securities Trading by Traditional Insiders: Why Silence Can Never Be Golden, 67 UNIVERSITY OF CINCINNATI LAW REVIEW 1129 (1999). [SSRN] [HeinOnline]
Judicial Reliance on Regulatory Interpretations in SEC No-Action Letters: Current Problems and a Proposed Framework, 83 CORNELL LAW REVIEW 921 (1998). [SSRN] [HeinOnline]. Reprinted in 40 CORPORATE PRACTICE COMMENTATOR 569 (1998) (R. B. Thompson, Ed.).
Reframing the Misappropriation Theory of Insider Trading Liability: a Post-O’Hagan Suggestion, 59 OHIO STATE LAW JOURNAL 1223 (1998). [SSRN] [HeinOnline]. Reprinted in 41 CORPORATE PRACTICE COMMENTATOR 607 (1999) (R. B. Thompson, Ed.).
Book Chapters
Commentary on "United States v. Chestman" in FEMINIST JUDGMENTS: CORPORATE LAW REWRITTEN (Anne Choike, et al., eds.), Cambridge University Press, 2023.
Insider Trading Law in the United States and Australia: Fiduciary Breaches, Market Abuses, and the Harshness of Penalties, in CAMBRIDGE HANDBOOK ON INVESTOR PROTECTION (Arthur Laby, ed.). Cambridge University Press, forthcoming 2022.
Misleading Silence as the Basis for Insider Trading Liability Under the Federal Securities Laws, in MISLEADING SILENCE: A COLLECTION OF ESSAYS (Elise Bant and Jeannine Paterson, eds.). Hart Publishing, 2020.
Congressional Officials and the Fiduciary Duty of Loyalty: Lessons from Corporate Law in FIDUCIARY GOVERNMENT (Evan Criddle, et al., eds.). Cambridge University Press, 2018.
Constitutional Law and Public Policy: Gender Equity (with Aviva Rich), in GENDER MOSAICS: SOCIAL PERSPECTIVES (Dana Vannoy, Ed.). Cary, NC: Roxbury Press, 2001.
Editorials & Commentaries
Examining Stock Trading Reforms for Congress, Hearing Before the H. Comm. on House Administration, 117th Cong., Apr. 7, 2022 (statement of Donna M. Nagy).
A Memorial Tribute to Professor John J. Murphy [editorial], 89 UNIVERSITY OF CINCINNATI LAW REVIEW 810 (2021). [HeinOnline]
Comment Letter to SEC Commissioners in Response to Request for Public Input on Climate Change and ESG Disclosure (with Jill E. Fisch and Cynthia A. Williams), June 11, 2021.
It's Time for Senators, House Members to Divest Stocks in Individual Publicly Traded Companies (with Richard W. Painter), BLOOMBERG LAW, Jan. 5, 2021.
Letter to U.S. House and Senate Leadership Urging Passage of a Federal Statute Prohibiting Members of Congress and their Senior Staff from Owning Securities of Individual Publicly Traded Companies (with Richard W. Painter), Dec. 11, 2020.
Five Myths About Insider Trading: No, You Don't Have to be a Corporate Insider to do it, WASHINGTON POST (Apr. 3, 2020).
Tom Price's Stock Controversy Shows an Urgent Need for a New Law, WASHINGTON POST (Jan. 24, 2017).
Enforce Laws to Right Lawmaker Insider Trading, ROLL CALL (Oct. 12, 2011).
Court Briefs
Supreme Court Amici Curiae Brief of Law Professors in Support of Petitioners in Free Enterprise Fund v. Public Company Accounting Oversight Board, 2009. [SSRN]
Blog Posts
The CLS Blue Sky Blog -- Columbia Law School's Blog on Corporations and the Capital Markets
After Salman, Whither Outsiders and Facebook Friends in Insider Trading? (Oct. 12, 2016).
Harvard Law School Forum on Corporate Governance and Financial Regulation
Beyond Dirks: Gratuitous Tipping and Insider Trading (Sept. 26, 2016).
C. Ben Dutton Professor of Law