The Madoff Scandal, Market Regulatory Failure, and the Business Education of Lawyers
Robert J. Rhee
University of Maryland - Francis King Carey School of Law; University of Florida Levin College of Law
May 20, 2009
U of Maryland Legal Studies Research Paper No. 2009-30
Journal of Corporation Law, Vol. 35, 2010
This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex‘ One answer, it suggests, is a simple one: law schools should teach a little more business and a little less law.
Number of Pages in PDF File: 29
Keywords: Madoff, SEC, financial crisis, markopolos, legal education, law school education
JEL Classification: A2, A23, A29, K2, K22, K29Accepted Paper Series
Date posted: May 21, 2009 ; Last revised: November 25, 2009
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