Richard W. Painter

University of Minnesota Law School

229 19th Avenue South

Minneapolis, MN 55455

United States

  • University of Minnesota Law School

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    • Tel: 612-626-9707
SCHOLARLY PAPERS

38

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23

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13

Scholarly Papers (38)

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1.

Towards a European Modified Business Judgment Rule for Takeover Law

European Business Organizations Law Review
Number of pages: 51 Posted: 17 Dec 2000
Christian Kirchner and Richard W. Painter
Humboldt University of Berlin - Faculty of Law and University of Minnesota Law School
Downloads 2,518 (10,973)
Citation 2

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2.

Takeover Defenses Under Delaware Law, the Proposed Thirteenth EU Directive and the New German Takeover Law: Comparison and Recommendations for Reform

Number of pages: 26 Posted: 31 May 2002
Richard W. Painter and Christian Kirchner
University of Minnesota Law School and Humboldt University of Berlin - Faculty of Law
Downloads 1,587 (22,732)
Citation 2

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3.

Regulatory Competition in EU Corporate Law after Inspire Art: Unbundling Delaware's Product for Europe

Downloads 1,324 (29,731)
Citation 12

Regulatory Competition in EU Corporate Law after Inspire Art: Unbundling Delaware's Product for Europe

U Illinois Law & Economics Research Paper No. LE04-001, Mississippi College School of Law Research Paper No. 617681
Number of pages: 50 Posted: 16 Nov 2004
Christian Kirchner, Richard W. Painter and Wulf A. Kaal
Humboldt University of Berlin - Faculty of Law, University of Minnesota Law School and University of St. Thomas - School of Law (Minnesota)
Downloads 1,324 (29,231)
Citation 12

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Regulatory Competition in EU Corporate Law After Inspire Art: Unbundling Delaware's Product for Europe

European Company and Financial Law Review, Vol. 2, No. 2, 2005, Mississippi College School of Law Research Paper No. 1039441
Posted: 06 Dec 2007
Christian Kirchner, Richard W. Painter and Wulf A. Kaal
Humboldt University of Berlin - Faculty of Law, University of Minnesota Law School and University of St. Thomas - School of Law (Minnesota)

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4.

Roundtable Discussion: Corporate Governance

Number of pages: 31 Posted: 29 Jul 2002
William J. Carney, Jack B. Jacobs, Richard W. Painter, Robert Pritzker and Robert H. Sitkoff
Emory University School of Law, Young Conaway Stargatt & Taylor, LLP, University of Minnesota Law School, Colson Associates, Inc. and Harvard University - Harvard Law School
Downloads 878 (53,286)

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Van Gorkom, Trans Union, Pritzker, Board of Directors, Caremark, Corporate Crime, Corporate Charity, Corporate Political Speech, Business Judgment Rule, Mergers, Takeovers

5.

Ethics and Corruption in Business and Government: Lessons from the South Sea Bubble and the Bank of the United States

Minnesota Legal Studies Research Paper No. 06-32
Number of pages: 19 Posted: 28 Jul 2006
Richard W. Painter
University of Minnesota Law School
Downloads 724 (68,988)
Citation 1

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6.

The Dodd-Frank Extraterritorial Jurisdiction Provision: Was It Effective, Needed or Sufficient?

Harvard Business Law Review, Vol. 1, 2011, Minnesota Legal Studies Research Paper No. 11-28
Number of pages: 37 Posted: 01 Jul 2011
Richard W. Painter
University of Minnesota Law School
Downloads 701 (71,936)
Citation 1

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securities, corporate, corporations, finance, business law

7.

Berle's Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability

University of Seattle Law Review, Vol. 33, No. 4, p.1, 2010, Minnesota Legal Studies Research Paper No. 09-50
Number of pages: 27 Posted: 23 Nov 2009 Last Revised: 19 May 2010
Claire A. Hill and Richard W. Painter
University of Minnesota Law School and University of Minnesota Law School
Downloads 622 (83,657)
Citation 2

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Adolph Berle, executive compensation, financial crisis

8.

Presidential Accountability and the Rule of Law: Can the President Claim Immunity If He Shoots Someone on Fifth Avenue?

University of Pennsylvania Journal of Constitutional Law, Vol. 24, Pg. 93, 2022, U of Penn Law School, Public Law Research Paper No. 22-18
Number of pages: 119 Posted: 24 Jul 2021 Last Revised: 17 Mar 2022
Claire O. Finkelstein and Richard W. Painter
University of Pennsylvania Carey Law School and University of Minnesota Law School
Downloads 604 (86,741)

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presidential immunity; indictment; investigation; federalism; accountability; rule of law; Department of Justice

9.

Bailouts: An Essay on Conflicts of Interest and Ethics When Government Pays the Tab

Minnesota Legal Studies Research Paper No. 09-37
Number of pages: 36 Posted: 11 Sep 2009 Last Revised: 21 Sep 2009
Richard W. Painter
University of Minnesota Law School
Downloads 601 (87,317)
Citation 2

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government, ethics, bailouts

10.

The Moral Responsibilities of Investment Bankers

University of St. Thomas Law Journal, Vol. 8, No. 1, 2010, Minnesota Legal Studies Research Paper No. 11-41
Number of pages: 25 Posted: 30 Sep 2011 Last Revised: 13 Oct 2011
Richard W. Painter
University of Minnesota Law School
Downloads 593 (88,823)

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banking, ethics, finance, religion, values

11.

When Courts and Congress Don’t Say What They Mean: Initial Reactions to Morrison v. National Australia Bank and to the Extraterritorial Jurisdiction Provisions of the Dodd-Frank Act

Minnesota Journal of International Law, Forthcoming, Minnesota Legal Studies Research Paper No. 10-40
Number of pages: 17 Posted: 02 Sep 2010
Richard W. Painter, Douglas Dunham and Ellen Quackenbos
University of Minnesota Law School, Skadden, Arps, Slate, Meagher & Flom LLP and Skadden, Arps, Slate, Meagher & Flom LLP
Downloads 551 (97,537)

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securities litigation, extraterritorial reach of US law, f-cubed litigation

12.

The Aftermath of Morrison v. National Australia Bank and Elliott Associates v. Porsche

European Company and Financial Law Review, Vol. 1, 2011
Number of pages: 23 Posted: 22 Feb 2011 Last Revised: 17 Aug 2011
Wulf A. Kaal and Richard W. Painter
University of St. Thomas - School of Law (Minnesota) and University of Minnesota Law School
Downloads 465 (119,802)

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Foreign-Cubed, Dodd-Frank Act, Securities Regulation, Securities Litigation, Morrison, Porsche, Section 929P(b), Section 929Y, Jurisdiction, Section 10(b)

13.

Extraterritorial Application of US Securities Law – Will the US Become the Default Jurisdiction for European Securities Litigation?

Number of pages: 13 Posted: 24 Aug 2010
Richard W. Painter and Wulf A. Kaal
University of Minnesota Law School and University of St. Thomas - School of Law (Minnesota)
Downloads 460 (121,338)

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Morrison v. National Australia Bank, Foreign cubed cases, subject matter jurisdiction, securities class actions, Europe, Rule 10b-5, Section 7216 of H.R. 5173, Dodd-Frank Act

14.

Board Diversity: A Response to Professor Fried

Stanford Journal of Law, Business, and Finance, Forthcoming
Number of pages: 50 Posted: 12 Apr 2021 Last Revised: 13 May 2022
Richard W. Painter
University of Minnesota Law School
Downloads 362 (159,561)

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diversity, boardroom. shareholder

15.

Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Australia Bank

Minnesota Law Review, Vol. 97, 2012, U of St. Thomas Legal Studies Research Paper No. 12-12, Minnesota Legal Studies Research Paper No. 12-16
Number of pages: 74 Posted: 27 Mar 2012 Last Revised: 21 Nov 2012
Wulf A. Kaal and Richard W. Painter
University of St. Thomas - School of Law (Minnesota) and University of Minnesota Law School
Downloads 355 (163,009)
Citation 3

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securities, securities law, securities regulation, securities and jurisdiction, securities and choice of law

16.

The Economics of Germany's Shop Closing Hours Regulation

Number of pages: 36 Posted: 20 Sep 2000
Christian Kirchner and Richard W. Painter
Humboldt University of Berlin - Faculty of Law and University of Minnesota Law School
Downloads 346 (167,566)

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17.

Why Limits on Contributions to Super PACs Should Survive Citizens United

U of Chicago, Public Law Working Paper No. 626, 86 Fordham Law Review 2299 (2018)
Number of pages: 60 Posted: 09 Aug 2017 Last Revised: 06 Apr 2018
Albert W. Alschuler, Laurence H. Tribe, Norman Eisen and Richard W. Painter
University of Chicago Law School, Harvard Law School, Brookings Institution and University of Minnesota Law School
Downloads 332 (175,231)

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18.

SCOTUS House: Can a Supreme Court Ethics Lawyer and Inspector General Help Get this Fraternity under Control

Georgetown Journal of Legal Ethics, 2023, Minnesota Legal Studies Research Paper No. 23-26
Number of pages: 73 Posted: 26 Jul 2023 Last Revised: 03 Nov 2023
Richard W. Painter
University of Minnesota Law School
Downloads 295 (198,454)

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Supreme Court Ethics

19.

Deepfake 2024: Will Citizens United and Artificial Intelligence Together Destroy Representative Democracy?

Journal of National Security Law & Policy, Forthcoming, Minnesota Legal Studies Research Paper No. 23-30
Number of pages: 27 Posted: 23 Sep 2023
Richard W. Painter
University of Minnesota Law School
Downloads 262 (224,062)

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20.

Better Bankers, Better Banks: Promoting Good Business Through Contractual Commitment

University of Chicago Press, October 2015, Minnesota Legal Studies Research Paper No. 16-09
Number of pages: 16 Posted: 12 Feb 2016 Last Revised: 06 May 2016
Claire A. Hill and Richard W. Painter
University of Minnesota Law School and University of Minnesota Law School
Downloads 262 (224,062)

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banks, financial crisis, personal liability, partnerships, responsibility

21.

Pro Se Litigation in Times of Financial Hardship - A Legal Crisis and its Solutions

Family Law Quarterly, Vol. 45, No. 1, p. 45, Spring 2011, Minnesota Legal Studies Research Paper No. 11-42
Number of pages: 51 Posted: 04 Oct 2011
Richard W. Painter
University of Minnesota Law School
Downloads 257 (228,424)

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family law, divorce, pro se, unauthorized practice of law, on-line legal services

22.

Taxation Only with Representation: The Conservative Conscience and Campaign Finance Reform

Taxation Only With Representation: The Conservative Conscience and Campaign Finance Reform, Take Back Our Republic (2016)
Number of pages: 218 Posted: 19 Feb 2016
Richard W. Painter
University of Minnesota Law School
Downloads 210 (277,145)

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finance, campaign finance, campaign contribution, politics, representation, reform

23.

Initial Reflections on an Evolving Standard: Constraints on Risk Taking by Directors and Officers in Germany and the United States

Seton Hall Law Review, Vol. 40, 2010
Number of pages: 53 Posted: 24 Aug 2010 Last Revised: 23 Nov 2010
Richard W. Painter and Wulf A. Kaal
University of Minnesota Law School and University of St. Thomas - School of Law (Minnesota)
Downloads 202 (287,310)

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Financial Crisis, Risk Taking, Excessive Risk, Germany, United States, Comparative Law, Economic Analysis, Cost Benefit, Social Externalities

24.

Selective Disclosure by Federal Officials and the Case for an FGD (Fairer Government Disclosure) Regime

2012 Wisconsin Law Review 1285, Indiana Legal Studies Research Paper No. 211, Minnesota Legal Studies Research Paper No. 12-50
Number of pages: 82 Posted: 06 Oct 2012 Last Revised: 09 Feb 2013
Donna M. Nagy and Richard W. Painter
Indiana University Maurer School of Law and University of Minnesota Law School
Downloads 147 (378,819)
Citation 3

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insider trading, selective disclosure, federal officials, Regulation FD, STOCK Act, political intelligence

25.

Compromised Fiduciaries: Conflicts of Interest in Government and Business

Minnesota Law Review, Vol. 95, p. 1637, 2011, Minnesota Legal Studies Research Paper No. 11-35
Number of pages: 56 Posted: 06 Sep 2011
Claire A. Hill and Richard W. Painter
University of Minnesota Law School and University of Minnesota Law School
Downloads 142 (389,188)
Citation 3

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government bailouts, fiduciary duties, conflicts of interest, professional responsibility

26.

Restoring the Rule of Law through Department of Justice Reform

In Overcoming Trumpery: How to Restore Ethics, the Rule of Law, and Democracy (Norman Eisen ed., Brookings 2022), U of Penn Law School, Public Law Research Paper No. 22-21
Number of pages: 58 Posted: 23 Feb 2022 Last Revised: 16 Mar 2022
Claire O. Finkelstein and Richard W. Painter
University of Pennsylvania Carey Law School and University of Minnesota Law School
Downloads 125 (429,638)

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Department of Justice; Rule of Law; Bell-Levi Reforms; Office of Legal Counsel; Obstruction of Justice

27.

'You're Fired': Criminal Use of Presidential Removal Power

U of Penn Law School, Public Law Research Paper No. 23-16
Number of pages: 100 Posted: 06 Oct 2022 Last Revised: 12 May 2023
Claire O. Finkelstein and Richard W. Painter
University of Pennsylvania Carey Law School and University of Minnesota Law School
Downloads 124 (432,304)

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Executive Authority; Removal Power, Article II, Presidential Privilege

28.

Plugging Leaks and Lowering Levees in the Federal Government: Practical Solutions for Securities Trading Based on Political Intelligence

University of Illinois Law Review Forthcoming, Indiana Legal Studies Research Paper No. 293, Minnesota Legal Studies Research Paper No. 14-35
Number of pages: 50 Posted: 16 Jul 2014
Donna M. Nagy and Richard W. Painter
Indiana University Maurer School of Law and University of Minnesota Law School
Downloads 64 (656,291)

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insider trading, Stock Act, selective disclosure, political intelligence, information leaks, FOIA, open government, transparency

29.

Of the Conditional Fee as a Response to Lawyers, Bankers and Loopholes

American University Business Law Review, Vol. 1, No. 1, 42
Number of pages: 16 Posted: 23 Apr 2018 Last Revised: 12 Jul 2018
Claire A. Hill and Richard W. Painter
University of Minnesota Law School and University of Minnesota Law School
Downloads 31 (876,403)

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Dodd-Frank, financial crisis, securities, regulatory, regulation, standards-based regulation

30.

THE CONSERVATIVE CASE FOR ESG

9 UNIVERSITY of PENNSYLVANIA JOURNAL of LAW & PUBLIC AFFAIRS (2024)

Number of pages: 66
Richard W. Painter
University of Minnesota Law School
Downloads 9

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31.

Getting the Government America Deserves: How Ethics Reform Can Make a Difference

Oxford University Press, 2009, Minnesota Legal Studies Research Paper No. 09-14
Posted: 02 Feb 2009
Richard W. Painter
University of Minnesota Law School

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32.

Convergence and Competition in Rules Governing Lawyers and Auditors

Posted: 18 Nov 2004
Richard W. Painter
University of Minnesota Law School

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33.

Professional Responsibility Rules as Implied Contract Terms

Posted: 23 Dec 2000
Richard W. Painter
University of Minnesota Law School

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34.

Advance Waiver of Conflicts

Georgetown Journal of Legal Ethics, Vol. 8, P. 289, Winter 2000
Posted: 23 Dec 2000
Richard W. Painter
University of Minnesota Law School

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35.

Rules Lawyers Play by

Posted: 23 Dec 2000
Richard W. Painter
University of Minnesota Law School

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36.

Lawyers' Rules, Auditors' Rules and the Psychology of Concealment

Posted: 23 Dec 2000
Richard W. Painter
University of Minnesota Law School

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37.

Sounding a False Alarm: Federal Preemption of State Securities Fraud Causes of Action

Posted: 19 Feb 1999
Richard W. Painter
University of Minnesota Law School

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38.

Don't Ask, Just Tell: Insider Trading after United States V. O'Hagan

Posted: 05 Oct 1998
Richard W. Painter, Kimberly D. Krawiec and Cynthia A. Williams
University of Minnesota Law School, University of Virginia School of Law and Indiana University Maurer School of Law

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