Commentary by faculty and affiliates of the Duke Law Global Financial Markets Center
Central banks around the world either have issued or are considering the issuance of a central bank digital currency (CBDC). While most modern transactions take place digitally, a CBDC differs from existing digital money such as bank deposits because a CBDC is a direct liability of the central bank, rather than of a commercial bank. […]
Digitalization has significantly transformed the landscape of payment systems. With the advent of fintech and blockchain technology, domestic payment systems have become more inclusive, safe, and efficient. Despite the transformation at the national level, cross-border payments remain expensive, slow, and opaque and involve multi-dimensional challenges and complexities. With every cross-border payment, transactions must comply with […]
Whether environmental, social, and governance (ESG) policies enhance shareholder value has been the subject of debate for decades. There are three views on ESG investments. The first view argues that ESG activities enhance shareholder value because they are productive investments in “reputation” or “goodwill” capital (hereafter as “goodwill capital” view). ESG activities reduce transaction costs […]
In February 2022, Russia started a full-scale invasion of Ukraine, an event that would shake the global order. The war has already resulted in severe damages to Ukraine – thousands of killed civilians, more than 14 million of people displaced, and over $100 billion in infrastructure damage alone. Yet, the consequences of the war are […]
Traditional financial regulation would take the form of legislation passed by Congress and then interpreted by agencies. We are not in that world anymore. Given Congressional paralysis, de-facto financial regulation is being pushed by the setting of agency agendas and being communicated to the business community through announcements of priorities and prosecutions. For example, despite […]
“The major problem that I have is that even if they’re [ESG funds] marketed correctly, they actually have no demonstrable impact.”1 Tariq Fancy, the former head of BlackRock’s sustainable investing Flows into ESG mutual funds have increased markedly over recent years, raising the question of whether these capital flows lead to improved ESG policies in […]
As the world returns to something more recognizably normal, it seems natural to ask what the economy will look like after the pandemic. Will things ever go back to how they were, or are we facing a new – and altogether different – reality? Whenever a crisis – political, economic, or social – impacts […]
In the past four decades, China has been demonstrated miraculous growth records as well as rampant corruption, which presents a paradox for scholars: Is corruption is conducive to Chinese economic development? Some argue that corruption is “grease” in the economy and helps firms bypass inefficient regulation and red tape, while others believe that corruption exacerbates […]
Since 2005, the Securities and Exchange Commission (SEC) mandates that all publicly-traded firms inform investors about material risks that may impact future performance. These are referred to as risk factor disclosures, which are discussed within Item 1A of 10-K filings. These risk disclosures have been criticized as lengthy and boilerplate (IRRC 2016; SEC 2016); it […]
Regulators such as the Securities and Exchange Commission (SEC) and Department of Justice (DOJ) are allowed to seek any remedy that is necessary to protect investors following violations of securities law. One remedy increasingly being used is the requirement that violating firms hire a corporate monitor at their own expense, who is charged with supervising […]