Recent ​Faculty Scholarship

​Committed to the pursuit of academic excellence, the University of San Diego School of Law's faculty is recognized nationally for their scholarly impact.

USD's community of scholars author leading casebooks and treatises, scholarly monographs published by the finest university presses and influential articles in the nation's leading law reviews. Faculty members come from diverse personal, professional and academic backgrounds and include numerous former judicial clerks, practitioners from the private and public sectors as well as both sitting and former judges.

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Partnoy, Franklin

Books

  • Business Organization and Finance: Legal and Economic Principles, 12th Ed. (with Coffee, Jr., and Klein) (Foundation Press, 2015)
  • Business Organization and Finance: Legal and Economic Principles, 12th Ed. (with Coffee, Jr. , and Klein) (Foundation Press, 2015)
  • Corporations: A Contemporary Approach , 2nd Ed. (with Palmiter) (West Academic Publishing, 2014)
  • Wait: the Art and Science of Delay (Public Affairs, 2012)
  • The Match King: Ivar Kreuger, The Financial Genius Behind a Century of Wall Street Scandals (Public Affairs, 2010)
  • F.I.A.S.C.O.: Blood in the Water on Wall Street (W.W. Norton and Company, 2009)
  • Infectious Greed: How Deceit and Risk Corrupted the Financial Markets, 2nd Ed. (Public Affairs, 2009)
  • Corporations Law and Policy: Materials and Problems, 6th Ed. (with Bauman, and Palmiter) (Thompson West, 2007)

Chapters of Books or Articles within Books

Journal Articles

Other Print and Electronic Media

  • Few Traders Are Likely to Be Deterred by Verdict on Tom Hayes Financial Times (August 4, 2015)
  • Is Herbalife a Pyramid Scheme? The Atlantic (June 2014)
  • Five Years after Lehman's Collapse, Bankers Still Haven't Confronted Their Biases Harvard Business Review (September 16, 2013)
  • Inside Men The New York Times (June 27, 2013)
  • What's Inside America's Banks The Atlantic (with Eisinger) (January 2, 2013)
  • Why a Long Presidential Race is Good for Democracy Washington Post (October 5, 2012)
  • Should Lunch Breaks Be Mandatory? BBC News Magazine (September 6, 2012)
  • Who Are the True Villains of the StanChart Tragedy? Financial Times (August 8, 2012)
  • Make Banks Pay If They Cheat on Libor Financial Times (July 15, 2012)
  • Act Fast, but Not Necessarily First Harvard Business Review (July 13, 2012)
  • Beyond the Blink The New York Times (July 6, 2012)
  • Waiting Game Financial Times (June 22, 2012)
  • Rebuild the Pillars of 1930s Wall Street Financial Times (May 13, 2012)
  • Goldman's 'Muppets' Need Treating Like True Clients Financial Times (March 15, 2012)
  • Should Some Bankers Be Prosecuted? The New York Review of Books (with Madrick) (November 10, 2011)
  • Did Fannie Cause the Disaster? The New York Review of Books (with Madrick) (October 27, 2011)
  • Waiting Game: Taking the Long View Financial Times (September 30, 2011)
  • On Rogues, Risk-Taking, and Restoring Trust in Banks Financial Times (September 22, 2011)
  • The Coming World of Smaller Banks Financial Times (August 10, 2011)
  • The Real Insider Tip from the Galleon Verdict Financial Times (May 11, 2011)
  • Grubby Lessons from a Life of Serial Fraud Financial Times (April 8, 2011)
  • Washington's Financial Disaster The New York Times (January 29, 2011)
  • Crash Tests Financial Times (December 24, 2010)
  • Sunlight Shows Cracks in Crisis Rescue Story Financial Times (December 3, 2010)
  • Friends in High Finance Financial Times (November 20, 2010)
  • High Financier Financial Times (July 3, 2010)
  • Downgrade the Rating Agencies The New York Times (with Casey) (June 6, 2010)
  • Goldman Is Wrong Target for Official Censure Financial Times (May 11, 2010)
  • Do CDOs Have Social Value The New York Times (April 27, 2010)
  • The Dodd Wall Street Charade The Daily Beast (April 24, 2010)
  • Wall Street Beware Financial Times (April 18, 2010)
  • Show Us the Email The New York Times (with Black, and Spitzer) (December 19, 2009)
  • Financial Reform: Lessons from 1929 Businessweek (October 1, 2009)
  • Books About Financial Schemes The Wall Street Journal (May 23, 2009)
  • Danger In Wall Street's Shadows The New York Times (May 15, 2009)
  • Geithner's Stress Test Sham The Daily Beast (May 7, 2009)
  • Rated F For Failure Financial Times (with Fons) (March 16, 2009)
  • Prepare to Bury the Fatally Wounded Big Banks Financial Times (January 19, 2009)
  • Citigroup Bailout Is Smart But Not Risk-Free Financial Times (November 27, 2008)
  • Hedge Fund Managers Are the Heroes of this Crisis The Daily Beast (November 18, 2008)
  • Buy The Loans The New York Times (September 26, 2008)
  • Hubris - Is Thy Name Richard Fuld? Financial Times (September 14, 2008)
  • Do Investors Have a Right to Know about a CEO's Illness? Financial Times (July 30, 2008)
  • Do Away with Rating-Based Rules Financial Times (July 9, 2008)
  • The Gamble of Short-Term Pain for Long-Term Gain Financial Times (February 4, 2008)
  • Kerviel Is Just Part of a Global Rogues' Gallery Financial Times (January 28, 2008)
  • Markets Abhor the Vacuum Left by Derivatives Financial Times (August 10, 2007)
  • A Gamekeeper Turns to the Poachers Financial Times (June 6, 2007)
  • Credit Derivatives Play a Dangerous Game Financial Times (July 17, 2006)
  • The Malignant Side of Corporate Voting Culture Financial Times (May 17, 2006)
  • Take Away the Credit Rating Agencies' Licenses Financial Times (March 13, 2006)
  • When Disney Wishes upon a Pixar... Financial Times (January 24, 2006)
  • Investing in Fantasy Land Financial Times (December 28, 2005)
  • Must-Reads for Budding Fraudsters Financial Times (August 10, 2005)
  • A Serious Question for All the Overpaid Bankers Financial Times (August 4, 2005)
  • Congress Should Open Up Credit Ratings to Competition Financial Times (June 29, 2005)
  • Wall Street's Franchise is Fading Financial Times (April 6, 2005)
  • Cautionary Tales of Internet Stocks Financial Times (February 14, 2005)
  • Road Rules for Hedge Funds The New York Times (December 14, 2004)
  • Why Nobody Mentioned Markets Financial Times (October 20, 2004)
  • A Man's Game in Need of Women Financial Times (July 26, 2004)
  • The Way to a Politician's Heart Financial Times (June 14, 2004)
  • The Case for Smarter Prosecutions Financial Times (March 11, 2004)
  • The Real Mutual Fund Problem San Diego Union-Tribune (December 5, 2003)
  • Want to Vote? Answer This... The New York Times (with Martin) (July 28, 2003)
  • The Wrong Way to Prosecute Fraud San Diego Union-Tribune (May 11, 2003)
  • Reaping a Bitter Harvest from the Years of Greed Evening Standard (April 23, 2003)
  • Unsound Advice from the Sage of Omaha Financial Times (April 3, 2003)
  • Tracing the Roots of Enron's Downfall San Diego Union-Tribune (January 27, 2002)
  • Stock Gambling on the Cheap The New York Times (December 21, 2000)
  • Strange New Math of Palm Inc. The New York Times (March 15, 2000)
  • Do You Know Where Your Money Is Now? Mail on Sunday (October 25, 1998)
  • Playing Roulette with the Global Economy The New York Times (September 30, 1998)
  • High-Finance Fiction Los Angeles Times Book Review (February 8, 1998)

Presentations and Conferences

  • "What's (Still) Wrong with Credit Rating Agencies" as presenter at UC Berkeley Law School (February 9, 2017)
  • "What's (Still) Wrong with Credit Rating Agencies" as presenter at Vanderbilt University Law School (February 6, 2017)
  • "Can We Really Govern for the Long-Term vs. Quarterly Fixation? " at Corporate Directors Forum (January 23, 2017)
  • "What's (Still) Wrong with Credit Rating Agencies" as presenter at University of California, Irvine - School of Law (January 13, 2017)
  • "Why [Transactional] Law Matters" at AALS Annual Meeting (January 6, 2017)
  • "What's (Still) Wrong with Credit Rating Agencies" at Standford University (December 2, 2016)
  • "Information Bundling and Securites Litigation " at Graduate School of Business: Accounting, Stanford University (November 30, 2016)
  • "Corporations and Human Life" at Standford Law School (November 28, 2016)
  • "Hedge Fund Activism" at Sydney Law School (September 26, 2016)
  • "Emerging Issues in Governance and Investing" at Public Funds Forum (September 8, 2016)
  • "Activist Investors" at Oxford University (September 1, 2016)
  • "The Second Wave of Hedge Fund Activism" as presenter at Fordham Law School (April 28, 2016)
  • "Delaware and Financial Institutions" as presenter at University of California, Berkeley (April 14, 2016)
  • "The Second Wave of Hedge of Fund Activism" as presenter at Notre Dame Law School (April 8, 2016)
  • "The Second Wave of Hedge Fund Activism" as presenter at USC Gould School of Law (January 28, 2016)
  • "Top Hedge Funds: The Importance of Reputation in Shareholder Activism" as presenter and participant at Brigham Young University School of Law (November 13, 2015)
  • "The Effects of Hedge Fund Activism" as presenter and participant at Conference on the Future of Research on Hedge Fund Activism at University of San Diego (October 23, 2015)
  • "Top Hedge Funds: The Importance of Reputation in Shareholder Activism" as presenter at Vanderbilt Law School (October 12, 2015)
  • "Corporate Innovation and Regulation" as presenter at Sydney Law School (September 16, 2015)
  • "The New Credit Rating Regime" as presenter at University of Hong Kong (September 11, 2015)
  • "Bank Reputation" as presenter at Centre for Corporate Reputation, Said Business School, Oxford University (September 3, 2015)
  • "Regulating Financial Innovation: OF Credit Ratings and Hedge Fund Activism" as presenter at Center for Advanced Studies, LMU (July 2, 2015)
  • "Credit Ratings and Regulatory License Theory" as presenter at World Credit Rating Forum (June 29, 2015)
  • "Quantifying Reasonable Doubt" as presenter at American Business Trial Lawyers Annual Conference (October 17, 2014)
  • "Keynote Address: Strategic Decision Making, The Art of Delay and Influencing Decisions" as presenter at American Business Trial Lawyers Annual Conference (October 16, 2014)
  • "Options and Team Production Theory" as presenter at Berle VI Symposium at Seattle University (June 24, 2014)
  • "Keynote Address: Who Is Our Audience and How Confident Are We? (with an application to pyramid schemes)" as presenter at National Business Law Scholars Conference at Loyola Law School (June 19, 2014)
  • "US Hedge Fund Activism " as presenter at Hedge Fund Activism and Issues in Market Manipulation at University of Sydney Law School (June 7, 2014)
  • "Keynote Address: Procrastination and Success" as presenter at Phi Beta Kappa at University of San Diego School of Law (May 23, 2014)
  • "A Look Inside the Supreme Court Argument in Halliburton" as presenter at Faculty Colloquium at University of San Diego School of Law (March 19, 2014)
  • "Keynote Address: Financial Crises and Corruption through the Lens of Probability and the Law" as presenter at Business History Conference 2014 (March 13, 2014)
  • "The Art and Science of Procrastination in Decision Making" as presenter at National Centre for Business Law (February 4, 2014)
  • "The Law and Finance of Hedge Fund Activism" as presenter at Faculty of Law at University of British Columbia (February 4, 2014)
  • "Finance and Society" as presenter at Stanford Business School (February 3, 2014)
  • "Keynote Chat with Securities and Exchange Commission Chair Mary Schapiro" as presenter at Directors Forum (January 28, 2014)
  • "How Reputations Are Won and Lost in Modern Information Markets" as presenter at University of San Diego-Oxford University Conference on Media and Markets at University of San Diego School of Law (January 17, 2014)
  • "Comments on How Pervasive Is Corporate Fund?" as presenter at American Economics Association Annual Conference (January 4, 2014)