James D. Cox

Duke University School of Law

Professor of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

SCHOLARLY PAPERS

38

DOWNLOADS
Rank 3,273

SSRN RANKINGS

Top 3,273

in Total Papers Downloads

11,121

CITATIONS
Rank 5,409

SSRN RANKINGS

Top 5,409

in Total Papers Citations

95

Scholarly Papers (38)

1.

Sec Enforcement Actions for Financial Fraud and Private Litigation: An Empirical Inquiry

Duke Law Journal, Vol. 53, p. 737, 2003, Reprinted: Corporate Practice Commentator, Vol. 46, p. 65, 2004, Vanderbilt Law and Economics Research Paper No. 03-08
Number of pages: 24 Posted: 05 Aug 2003
James D. Cox and Randall S. Thomas
Duke University School of Law and Vanderbilt University - Law School
Downloads 1,276 (14,576)
Citation 3

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2.

Financial Reporting Fraud and Other Forms of Misconduct: A Multidisciplinary Review of the Literature

Review of Accounting Studies, 2018, Vol 23(2), 732-783, Columbia Business School Research Paper No. 17-87
Number of pages: 90 Posted: 22 Aug 2017 Last Revised: 25 May 2018
Tel Aviv University - Coller School of Management, Ohio State University (OSU) - Fisher College of Business, Duke University School of Law, University of Washington - Michael G. Foster School of Business, University of Washington - Michael G. Foster School of Business and University of Southern California - Leventhal School of Accounting
Downloads 1,096 (18,412)

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Financial reporting, fraud, misconduct, irregularities, misreporting, misrepresentation

3.

Letting Billions Slip Through Your Fingers: Empirical Evidence and Legal Implications of the Failure of Financial Institutions to Participate in Securities Class Action Settlements

Stanford Law Review, Vol. 58, p. 411, 2005, Vanderbilt Law and Economics Research Paper No. 06-09, Duke Law School Public Law & Legal Theory Paper No. 107
Number of pages: 45 Posted: 27 Jan 2005
James D. Cox and Randall S. Thomas
Duke University School of Law and Vanderbilt University - Law School
Downloads 1,094 (18,461)
Citation 8

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Institutional Investors, securities class action settlements, Caremark decision

4.

The Oligopolistic Gatekeeper: The U.S. Accounting Profession

AFTER ENRON: IMPROVING CORPORATE LAW AND MODERNIZING SECURITIES REGULATION IN EUROPE AND THE U.S., Chapter 9, Oxford, Forthcoming, Duke Law School Legal Studies Paper No. 117
Number of pages: 49 Posted: 24 Aug 2006
James D. Cox
Duke University School of Law
Downloads 603 (42,570)
Citation 1

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5.

Managing and Monitoring Conflicts of Interest: Empowering the Outside Directors with Independent Counsel

Villanova Law Review, Vol. 48, No. 4, p. 1077, 2003
Number of pages: 21 Posted: 26 Nov 2003
James D. Cox
Duke University School of Law
Downloads 554 (47,510)
Citation 2

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Enron, Corporate Governance, Securities Law, Corporate Law, Sarbanes-Oxley

6.

Supreme Court Amicus Brief of 19 Corporate Law Professors, Friedrichs v. California Teachers Association, No. 14-915

Number of pages: 55 Posted: 08 Nov 2015
Harvard Law School, Harvard Law School, Northwestern University - Pritzker School of Law, Columbia Law School, Duke University School of Law, Stanford Law School, Columbia Law School, Widener University Delaware Law School, Yale University - Law School, Professor of Law, New York University School of Law, University of Michigan Law School, Stanford Law School, Harvard Law School, Georgetown University Law Center, BC Law School, New York University School of Law, Harvard Law School and New York University (NYU)
Downloads 520 (51,502)

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corporate politics, union politics, First Amendment, shareholder rights, corporate speech

7.

There are Plaintiffs and... There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements

Vanderbilt Law Review, Vol. 61, p. 355, 2008, Vanderbilt Law and Economics Research Paper No. 07-33, U of Cincinnati Public Law Research Paper No. 07-32
Number of pages: 33 Posted: 07 Nov 2007 Last Revised: 23 Dec 2014
James D. Cox, Randall S. Thomas and Lynn Bai
Duke University School of Law, Vanderbilt University - Law School and University of Cincinnati - College of Law
Downloads 514 (52,271)
Citation 16

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plaintiffs, securities, empirical class actions

8.

Leaving Money on the Table: Do Institutional Investors Fail to File Claims in Securities Class Actions?

80 Washington Law Quarterly 855 (2002), Vanderbilt Law and Economics Research Paper No. 02-07
Number of pages: 42 Posted: 09 Aug 2002 Last Revised: 26 Aug 2017
James D. Cox and Randall S. Thomas
Duke University School of Law and Vanderbilt University - Law School
Downloads 481 (56,835)
Citation 7

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9.

Public and Private Enforcement of the Securities Laws: Have Things Changed Since Enron?

80 Notre Dame Law Review 893 (2005), Vanderbilt Law and Economics Research Paper No. 05-02
Number of pages: 15 Posted: 27 Jan 2005 Last Revised: 26 Aug 2017
James D. Cox and Randall S. Thomas
Duke University School of Law and Vanderbilt University - Law School
Downloads 480 (56,990)
Citation 6

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SEC, Securities Laws, Enron6

10.

Mapping the American Shareholder Litigation Experience: A Survey of Empirical Studies of the Enforcement of the U.S. Securities Law

6 European Company & Financial Law Review 164 (2009), Vanderbilt Law and Economics Research Paper No. 09-10, Duke Law School Public Law & Legal Theory Paper No. 246
Number of pages: 43 Posted: 01 Apr 2009 Last Revised: 06 Sep 2017
James D. Cox and Randall S. Thomas
Duke University School of Law and Vanderbilt University - Law School
Downloads 457 (60,558)
Citation 7

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Empirical Studies, Shareholder Litigation, PSLRA Provision, U.S. Securities Law

11.

Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms

University of Pennsylvania Law Review, Vol. 158, July 2010, Vanderbilt Law and Economics Research Paper No. 10-09, U of Cincinnati Public Law Research Paper No. 10-16
Number of pages: 69 Posted: 23 Mar 2010 Last Revised: 06 Sep 2017
Lynn Bai, James D. Cox and Randall S. Thomas
University of Cincinnati - College of Law, Duke University School of Law and Vanderbilt University - Law School
Downloads 423 (66,484)
Citation 5

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Empirical Study, Securities Class Actions

12.

Delaware's Retreat: Exploring Developing Fissures and Tectonic Shifts in Delaware Corporate Law

Delaware Journal of Corporate Law (DJCL), Vol. 42, No. 2, 2018, Vanderbilt Law Research Paper No. 18-17, Duke Law School Public Law & Legal Theory Series No. 2018-22
Number of pages: 68 Posted: 22 Feb 2018 Last Revised: 08 May 2018
James D. Cox and Randall S. Thomas
Duke University School of Law and Vanderbilt University - Law School
Downloads 380 (76,608)

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Delaware corporate law, Delaware precedents, institutional shareholder services, shareholder monitoring, judicial review

13.

Quieting the Shareholders' Voice: Empirical Evidence of Pervasive Bundling in Proxy Solicitations

Southern California Law Review, Vol. 89:1179, 2016, Vanderbilt Law and Economics Research Paper No. 15-10, Columbia Business School Research Paper No. 15-56, Duke Law School Public Law & Legal Theory Series No. 2015-22
Number of pages: 65 Posted: 06 May 2015 Last Revised: 09 Dec 2016
Duke University School of Law, Associate Professor, Stanford Law School and Vanderbilt University - Law School
Downloads 317 (92,858)

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SEC, bundling rules, shareholder voting, empirical analysis

14.

Corporate Darwinism: Disciplining Managers in a World with Weak Shareholder Litigation

North Carolina Law Review, Vol. 95, No. 19, 2016, European Corporate Governance Institute (ECGI) - Law Working Paper No. 309/2016, Vanderbilt Law and Economics Research Paper No. 15-20, Duke Law School Public Law & Legal Theory Series No. 2015-46
Number of pages: 49 Posted: 29 Aug 2015 Last Revised: 13 Dec 2016
James D. Cox and Randall S. Thomas
Duke University School of Law and Vanderbilt University - Law School
Downloads 263 (113,430)

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Corporate Voting

15.

Fair Pay for Chief Executive Officers

LAW AND CLASS IN AMERICA: TRENDS SINCE THE COLD WAR, Chapter 6, NYU Press, 2006, Duke Law School Legal Studies Paper No. 119
Number of pages: 22 Posted: 24 Aug 2006
James D. Cox
Duke University School of Law
Downloads 255 (117,149)

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16.

Does the Plaintiff Matter? an Empirical Analysis of Lead Plaintiffs in Securities Class Actions

Columbia Law Review, Vol. 106, p. 1587, Vanderbilt Law and Economics Research Paper No. 05-21
Number of pages: 69 Posted: 16 Aug 2005
James D. Cox and Randall S. Thomas
Duke University School of Law and Vanderbilt University - Law School
Downloads 253 (118,117)
Citation 23

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Lead Plaintiff, PSLRA

17.

The Market Reaction to Legal Shocks and Their Antidotes: Lessons from the Sovereign Debt Market

Duke Law School Public Law & Legal Theory Paper No. 211
Number of pages: 38 Posted: 29 May 2008
Michael Bradley, James D. Cox and G. Mitu Gulati
Duke University - Fuqua School of Business, Duke University School of Law and Duke University School of Law
Downloads 242 (123,516)
Citation 8

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18.

Corporate Law and the Limits of Private Ordering

Washington University Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2015-47
Number of pages: 47 Posted: 10 Oct 2015 Last Revised: 29 Oct 2015
James D. Cox
Duke University School of Law
Downloads 235 (127,241)

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19.

Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses

2009 Wisconsin Law Review 421, Vanderbilt Law and Economics Research Paper No. 08-32, Duke Law School Public Law & Legal Theory Paper No. 227, U of Cincinnati Public Law Research Paper No. 09-01
Number of pages: 38 Posted: 22 Dec 2008 Last Revised: 24 Aug 2017
James D. Cox, Randall S. Thomas and Lynn Bai
Duke University School of Law, Vanderbilt University - Law School and University of Cincinnati - College of Law
Downloads 235 (127,241)
Citation 6

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Securities, class actions, Tellabs, fraud, PSLRA

20.

Coping in a Global Marketplace: Survival Strategies for a 75-Year-Old SEC

Duke Law School Public Law & Legal Theory Research Paper No. 221
Number of pages: 26 Posted: 24 Sep 2008
James D. Cox
Duke University School of Law
Downloads 202 (147,149)
Citation 1

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21.

Mutual Fund Expense Disclosures: A Behavioral Perspective

Washington University Law Quarterly, Vol. 83, p. 907, 2005, Duke Law School Legal Studies Paper No. 118
Number of pages: 33 Posted: 24 Aug 2006
James D. Cox
Duke University School of Law
Downloads 185 (159,538)
Citation 2

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22.

The Emperor Has No Clothes: Confronting the DC Circuit’s Usurpation of SEC Rulemaking Authority

Number of pages: 27 Posted: 08 Mar 2012
James D. Cox and Benjamin Baucom
Duke University School of Law and affiliation not provided to SSRN
Downloads 166 (175,662)

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23.

Understanding the (Ir)Relevance of Shareholder Votes on M&A Deals

Vanderbilt Law Research Paper No. 19-06 , Duke Law School Public Law & Legal Theory Series No. 2019-12
Number of pages: 71 Posted: 21 Feb 2019
James D. Cox, Tomas Mondino and Randall S. Thomas
Duke University School of Law, Columbia University and Vanderbilt University - Law School
Downloads 124 (222,502)

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activism, agency costs, bundling rules, class actions, corporate elections, corporate directors, corporate governance, corporate/securities law, deal completion rates, Delaware court, Delaware law suits, empirical analysis, governance, institutional investors, litigation, M&A transactions

24.

Supreme Court Amicus Brief of 22 Corporate Law Professors, Mark Janus v. American Federation of State, County and Municipal Employees, Council 31, et aL, No. 16-1466

Number of pages: 56 Posted: 02 Jan 2018
Harvard Law School, Harvard Law School, Columbia Law School, Northwestern University - Pritzker School of Law, Widener University Delaware Law School, Duke University School of Law, New York University School of Law, Harvard Law School, Columbia Law School, Stanford Law School, University of Michigan Law School, Stanford Law School, Yale University - Law School, Georgetown University Law Center, BC Law School, University of Virginia School of Law, University of Texas at Austin - School of Law, New York University School of Law, Harvard Law School, New York University (NYU), Harvard Law School and Vanderbilt University - Law School
Downloads 109 (244,543)

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corporate politics, union politics, First Amendment, shareholder rights, corporate speech

25.

Fraud on the Market After Amgen

Duke Journal of Constitutional Law & Public Policy, Vol. 9, No. 101, 2013
Number of pages: 30 Posted: 13 Dec 2013
James D. Cox
Duke University School of Law
Downloads 105 (251,025)

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26.

Who Can't Raise Capital?: The Scylla and Charybdis of Capital Formation

Economic Research Initiatives at Duke (ERID) Working Paper
Number of pages: 16 Posted: 30 May 2014
James D. Cox
Duke University School of Law
Downloads 100 (259,554)

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27.

Revolving Elites: The Unexplored Risk of Capturing the SEC

Vanderbilt Law Research Paper No. 18-43, Duke Law School Public Law & Legal Theory Series No. 2018-54
Number of pages: 81 Posted: 06 Sep 2018
James D. Cox and Randall S. Thomas
Duke University School of Law and Vanderbilt University - Law School
Downloads 92 (275,827)

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SEC Directors, SEC Enforcement, Revolving Door, Regulatory Capture

28.

Brief of Professors at Law and Business Schools As Amicus Curiae in Support of Respondents, Leidos, Inc., fka SAIC, Inc., Petitioners, v. Indiana Public Retirement System, Indiana State Teachers’ Retirement Fund, and Indiana Public Employees’ Retirement Fund, Respondents, No. 16-581 (S. Ct. Sept. 7, 2017)

Duke Law School Public Law & Legal Theory Series No. 2017-60, U Denver Legal Studies Research Paper No. 17-29, Washington & Lee Legal Studies Paper No. 2017-20
Number of pages: 59 Posted: 12 Sep 2017 Last Revised: 21 Nov 2017
University of Denver Sturm College of Law, Duke University School of Law, University of Tennessee College of Law and Washington and Lee University - School of Law
Downloads 82 (294,173)

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Securities fraud; omission; duty to disclose; Item 303; Section 10(b); Rule 10b-5

29.

Seeking an Objective for Regulating Insider Trading Through Texas Gulf Sulphur

Duke Law School Public Law & Legal Theory Series No. 2018-47
Number of pages: 26 Posted: 18 Jun 2018
James D. Cox
Duke University School of Law
Downloads 69 (324,699)

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30.

Understanding Causation in Private Securities Lawsuits: Building on Amgen

Number of pages: 36 Posted: 04 Nov 2013 Last Revised: 22 Dec 2014
James D. Cox
Duke University School of Law
Downloads 67 (329,896)

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31.

'We're Cool' Statements after Omnicare: Securities Fraud Suits for Failures to Comply with the Law

Duke Law School Public Law & Legal Theory Series No. 2016-4
Number of pages: 12 Posted: 24 Nov 2015
James D. Cox
Duke University School of Law
Downloads 60 (348,888)

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32.

Iterative Regulation of Securities Markets after Business Roundtable: A Principles-Based Approach

Number of pages: 18 Posted: 27 Jul 2014
James D. Cox
Duke University School of Law
Downloads 42 (407,511)

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33.

The Paradox of Delaware's 'Tools at Hand' Doctrine: An Empirical Investigation

Duke Law School Public Law & Legal Theory Series No. 2019-20, Vanderbilt Law Research Paper No. 19-10
Number of pages: 57 Posted: 21 Mar 2019
Duke University School of Law, New Mexico State University - Department of Finance & Business Law and Vanderbilt University - Law School
Downloads 40 (415,012)

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Class Action Suits, Corporate Directors, Corporate Governance, Corporate/Securities Law, Delaware Court, Delaware Law Suits, Empirical Analysis, Fiduciary Principles, Litigation, Multi-Jurisdictional Shareholder Class Action Law Suits

34.

Reforming the Culture of Financial Reporting: The PCAOB and the Metrics for Accounting Measurements

Washington University Law Quarterly, Forthcoming
Posted: 07 May 2003
James D. Cox
Duke University School of Law

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GAAP, PCAOB, Accounting Oversight, principles-based accounting, audit committee, Sarbanes-Oxley, SEC disclosure, accounting profession, non audit services

35.

Regulatory Duopoly in U.S. Securities Markets

Columbia Law Review, Vol. 99, P. 1200, 1999
Posted: 22 Feb 2000
James D. Cox
Duke University School of Law

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36.

The Social Meaning of Shareholder Suits

Brooklyn Law Review, Vol. 65, No. 1, 1999
Posted: 22 Feb 2000
James D. Cox
Duke University School of Law

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37.

Making Securities Fraud Class Actions Virtuous

Arizona Law Review, Vol. 37, No. 4 (1997), and presented in a syposium on Class Action.
Posted: 18 Jul 1997
James D. Cox
Duke University School of Law

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38.

The Fundamentals of an Electronically-Based Federal Securities Act

Washington University Law Quarterly Symposium on Electronic Technology and Securities Regulation, Vol. 75, No. 2 (1997).
Posted: 27 Jun 1997
James D. Cox
Duke University School of Law

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