Professor Partnoy’s major casebooks, book chapters, and articles are listed below. Other recent publications are included in the Media section of this website and all of Professor Partnoy’s publications are listed on his resume, which is available here. Versions of the book chapters and articles generally are available online: the links to most of them are to the version posted to the Social Science Research Network, which you many download at no charge.


CORPORATIONS: A CONTEMPORARY APPROACH (Thomson 2010) (with Alan R. Palmiter)



How Financial Regulation Might Harness the Power of Markets, in RULES FOR GROWTH: PROMOTING INNOVATION AND GROWTH THROUGH LEGAL REFORM (Ewing Marion Kauffman Foundation 2011)

Overdependence on Credit Ratings Was a Primary Cause of the Crisis, in THE PANIC OF 2008: CAUSES, CONSEQUENCES, AND IMPLICATIONS FOR REFORM (Edward Elgar Press 2010, Lawrence Mitchell and Arthur Wilmarth, eds.)

Gap Filling, Hedge Funds, and Financial Innovation, in NEW FINANCIAL INSTRUMENTS AND INSTITUTIONS: OPPORTUNITIES AND POLICY CHALLENGES (Brookings Institution Press 2007, Yasuyuki Fuchita and Robert E. Litan, eds.) (with Randall Thomas)

How and Why Credit Rating Agencies Are Not Like Other Gatekeepers, in FINANCIAL GATEKEEPERS: CAN THEY PROTECT INVESTORS? (Brookings Institution Press 2006, Yasuyuki Fuchita and Robert E. Litan, eds.)

Enron and the Derivatives World, in ENRON: CORPORATE FIASCOS AND THEIR IMPLICATIONS (Foundation Press 2004, Nancy B. Rapoport and Bala G. Dharan, eds.)

ISDA, NASD, CFMA, and SDNY: The Four Horsemen of Derivatives Regulation?, in BROOKINGS-WHARTON PAPERS ON FINANCIAL SERVICES (Brookings Institution Press 2002, Robert E. Litan and Richard Herring, eds.)

The Paradox of Credit Ratings, in THE ROLE OF CREDIT REPORTING SYSTEMS IN THE INTERNATIONAL ECONOMY (Kluwer Academic Publishers 2002, Richard M. Levitch, Giovanni Majnoni, and Carmen Reinhart, eds.)



The Abraham L. Pomerantz Lecture: Don’t Blink: Snap Decisions and Securities Regulation, 77 BROOKLYN LAW REVIEW 151 (2011)

Patents as Options, in Perspectives on Commercializing Innovation (F. Scott Keefe, ed.) (with Shaun P. Martin) (Cambridge University Press 2011)

Credit Rating Agencies under the Dodd-Frank Act, 30 BANKING & FINANCIAL SERVICES POLICY REPORT 1 (Dec. 2011) (with Aline Darbellay)

Credit Default Swap Spreads as Viable Substitutes for Credit Ratings, 158 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 2085 (2010) (with Mark J. Flannery and Joel F. Houston)

Bring Transparency to Off-Balance Sheet Accounting, Roosevelt Institute White Paper, Mar. 2010 (with Lynn E. Turner)

Historical Perspectives on the Financial Crisis: Ivar Kreuger, the Credit Rating Agencies, and Two Theories about the Function, and Dysfunction, of Markets, 26 YALE JOURNAL ON REGULATION 431 (2009)

Shapeshifting Corporations, 76 UNIVERSITY OF CHICAGO LAW REVIEW 261 (2009)

Rethinking Regulation of Credit Rating Agencies: An Institutional Investor Perspective, Council of Institutional Investors White Paper, Apr. 2009

The Match King, Chapter 9: The Author’s Cut, 2009 MICHIGAN STATE LAW REVIEW 1207 (2009)

The New Shareholder Activism (with Randall S. Thomas)

The Returns to Hedge Fund Activism, 64 FINANCIAL ANALYSTS JOURNAL 27 (2008) (with Alon Brav, Wei Jiang, and Randall Thomas)

Hedge Fund Activism, Corporate Governance, and Firm Performance, 63 JOURNAL OF FINANCE 1729 (2008) (with Alon Brav, Wei Jiang, and Randall Thomas)

The Promise and Perils of Credit Derivatives, 75 UNIVERSITY OF CINCINNATI LAW REVIEW 1019 (2007) (invited symposium) (with David A. Skeel, Jr.)

Second-Order Benefits from Standards, 47 BOSTON COLLEGE LAW REVIEW 169 (2007)

Alternative Structures and Strategies for Investors, 1 JOURNAL OF BUSINESS & TECHNOLOGY LAW 84 (2006)

Financial Innovation and Corporate Law, 36 JOURNAL OF CORPORATION LAW 799 (2006)

Encumbered Shares, 2005 UNIVERSITY OF ILLINOIS LAW REVIEW 775 (2005) (with Shaun P. Martin)

Synthetic Common Law, 53 UNIVERSITY OF KANSAS LAW REVIEW 281 (2005)

Strict Liability for Gatekeepers: A Reply to Professor Coffee, 84 BOSTON UNIVERSITY LAW REVIEW 365 (2004)

A Revisionist View of Enron and the Sudden Death of “May,” 48 VILLANOVA LAW REVIEW 1245 (2003) (invited symposium), reprinted in ENRON AND WORLD FINANCE: A CASE STUDY IN ETHICS (2006)

Multinational Regulatory Competition and Single-Stock Futures, 21 NORTHWESTERN JOURNAL OF LAW AND INTERNATIONAL BUSINESS 641 (2001)

Finance and Patent Length, University of San Diego Law & Economics Research Paper No. 19 (2001)

Barbarians at the Gatekeepers?: A Proposal for a Modified Strict Liability Regime, 79 WASHINGTON UNIVERSITY LAW QUARTERLY 491 (2001)

Some Policy Implications of Single-Stock Futures, FUTURES & DERIVATIVES LAW REPORT, Mar. 2001

Derivatives on TV: A Tale of Two Derivatives Debacles in Prime-Time, GREENBAG (2001) (with Kimberly D. Krawiec and Peter H. Huang), reprinted at 2 DERIVATIVES REP. 15 (2001)

The Shifting Contours of Global Derivatives Regulation, 22 UNIVERSITY OF PENNSYLVANIA JOURNAL OF INTERNATIONAL ECONOMIC LAW 421 (2001)

Why Markets Crash and What Law Can Do About It, 61 UNIVERSITY OF PITTSBURGH LAW REVIEW 741 (2000)

Adding Derivatives to the Corporate Law Mix, 34 GEORGIA LAW REVIEW 599 (2000)

The Siskel and Ebert of Financial Markets: Two Thumbs Down for the Credit Rating Agencies, 77 WASHINGTON UNIVERSITY LAW QUARTERLY 619 (1999), reprinted at 33 SECURITIES LAW REVIEW 161 (2001)

Financial Derivatives and the Costs of Regulatory Arbitrage, 22 JOURNAL OF CORPORATION LAW 211 (1997)

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