Author Page for James D. Cox

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

Dan Amiram, Zahn Bozanic, James D. Cox, Quentin Dupont, Jonathan M. Karpoff and Richard G. Sloan

Tel Aviv University - Coller School of Management, Florida State University, Duke University School of Law, Georgetown University - McDonough School of Business, University of Washington - Michael G. Foster School of Business and University of Southern California - Leventhal School of Accounting

Downloads 2,056 (15,174)

Citation 21

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2.

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, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 1,384 (27,865)

Citation 31

Abstract:

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, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 1,207 (34,054)

Citation 4

Abstract:

4.

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

John C. Coates IV, Lucian A. Bebchuk, Bernard S. Black, John C. Coffee, James D. Cox, Ronald J. Gilson, Jeffrey N. Gordon, Lawrence A. Hamermesh, Henry Hansmann, Robert J. Jackson Jr., Marcel Kahan, Vikramaditya S. Khanna, Michael Klausner, Reinier Kraakman, Donald C. Langevoort, Brian JM Quinn, Edward B. Rock, Mark J. Roe and Helen S. Scott

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, New York University School 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 665 (76,986)

Abstract:

5.

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 644 (80,117)

Abstract:

6.

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

Number of pages: 21 Posted: 26 Nov 2003

James D. Cox

Duke University School of Law

Downloads 608 (86,074)

Citation 9

Abstract:

7.

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, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 587 (90,096)

Citation 10

Abstract:

8.

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, European Corporate Governance Institute - Law Working Paper No. 099/2008

Number of pages: 33 Posted: 07 Nov 2007 Last Revised: 08 Apr 2024

James D. Cox, Randall S. Thomas, Randall S. Thomas and Lynn Bai

Duke University School of Law, Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management and University of Cincinnati - College of Law

Downloads 582 (91,045)

Citation 3

Abstract:

9.

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, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 568 (93,890)

Citation 1

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10.

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, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 541 (99,865)

Citation 8

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11.

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, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 536 (101,002)

Citation 8

Abstract:

12.

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, Randall S. Thomas and Randall S. Thomas

University of Cincinnati - College of Law, Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 535 (101,248)

Citation 11

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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

James D. Cox, Fabrizio Ferri, Colleen Honigsberg, Randall S. Thomas and Randall S. Thomas

Duke University School of Law, University of Miami - Miami Business School, Stanford Law School and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 475 (116,829)

Citation 3

Abstract:

14.

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, European Corporate Governance Institute – Finance Working Paper No. 497/2020

Number of pages: 87 Posted: 21 Feb 2019 Last Revised: 23 Feb 2020

James D. Cox, Tomas Mondino, Randall S. Thomas and Randall S. Thomas

Duke University School of Law, Columbia University and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 437 (128,948)

Citation 2

Abstract:

15.

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, European Corporate Governance Institute - Law Working Paper No. 498/2020

Number of pages: 64 Posted: 21 Mar 2019 Last Revised: 02 Mar 2020

James D. Cox, Kenneth J. Martin, Randall S. Thomas and Randall S. Thomas

Duke University School of Law, New Mexico State University - Department of Finance & Business Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 428 (132,134)

Citation 3

Abstract:

16.

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, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 385 (149,090)

Citation 1

Abstract:

17.

Petition for Rulemaking on Short and Distort

Number of pages: 8 Posted: 14 Mar 2020

John C. Coffee, Joshua Mitts, James D. Cox, Peter Molk, Edward Greene, Randall S. Thomas, Randall S. Thomas, Meyer - Eisenberg, Robert B. Thompson, Colleen Honigsberg, Andrew Verstein, Donald C. Langevoort and Charles K. Whitehead

Columbia Law School, Columbia Law School, Duke University School of Law, University of Florida Levin College of Law, Cleary Gottlieb Steen & Hamilton LLP, Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management, affiliation not provided to SSRN, Georgetown University Law Center, Stanford Law School, University of California, Los Angeles (UCLA) - School of Law, Georgetown University Law Center and Cornell Law School

Downloads 359 (161,139)

Abstract:

18.

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 SchoolVanderbilt University - Owen Graduate School of Management

Downloads 332 (175,344)

Abstract:

19.

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 308 (189,770)

Citation 1

Abstract:

20.

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, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 303 (193,161)

Citation 5

Abstract:

21.

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 Mitu Gulati

Duke University - Fuqua School of Business, Duke University School of Law and University of Virginia School of Law

Downloads 294 (199,291)

Citation 10

Abstract:

22.

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 292 (200,760)

Abstract:

23.

Resisting the Return to Managerialism: Institutionalizing the Shareholder Voice in the Monitoring Model

Duke Law School Public Law & Legal Theory Series No. 2020-81

Number of pages: 24 Posted: 23 Nov 2020

James D. Cox, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 291 (201,496)

Abstract:

24.

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, Randall S. Thomas and Lynn Bai

Duke University School of Law, Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management and University of Cincinnati - College of Law

Downloads 285 (205,918)

Citation 12

Abstract:

25.

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 227 (257,937)

Citation 3

Abstract:

26.

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 207 (281,068)

Citation 5

Abstract:

27.

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 203 (286,189)

Abstract:

28.

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, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 200 (290,049)

Citation 6

Abstract:

29.

Slack v. Pirani: Brief for Amici Curiae Law and Business Professors in Support of Respondent

Columbia Public Law Research Paper No. 4391777, The Wharton School Research Paper

Number of pages: 32 Posted: 27 Mar 2023

Joshua Mitts, John C. Coffee, William W. Clayton, James D. Cox, Wendy Gerwick Couture, Merritt B. Fox, Jeffrey N. Gordon, Thomas Lee Hazen, Michael J. Kaufman, Donald C. Langevoort, James J. Park, Hillary A. Sale, Joel Seligman, Marc I. Steinberg, Daniel J. Taylor, David H. Webber, Charles K. Whitehead and Arthur E. Wilmarth

Columbia Law School, Columbia Law School, Brigham Young University - J. Reuben Clark Law School, Duke University School of Law, University of Idaho College of Law, Columbia University - Law School, Columbia Law School, University of North Carolina School of Law, Loyola University Chicago School of Law, Georgetown University Law Center, University of California, Los Angeles (UCLA) - School of Law, Georgetown University Law Center, Washington University in St Louis, School of Law, Southern Methodist University - Dedman School of Law, The Wharton School, University of Pennsylvania, Boston University School of Law, Cornell Law School and George Washington University Law School

Downloads 176 (327,076)

Abstract:

30.

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 155 (362,980)

Citation 1

Abstract:

31.

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 143 (387,266)

Abstract:

32.

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 133 (410,055)

Citation 3

Abstract:

33.

A Revised Monitoring Model Confronts Today's Movement Toward Managerialism

Texas Law Review (2021) Vol. 99, No. 7, Vanderbilt Law Research Paper No. 21-36, Duke Law School Public Law & Legal Theory Series No. 2021-37

Number of pages: 34 Posted: 03 Sep 2021 Last Revised: 03 Dec 2021

James D. Cox, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 121 (440,772)

Abstract:

34.

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: 30 Oct 2023

J. Robert Brown, James D. Cox, Joan MacLeod Heminway and Lyman Johnson

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 115 (457,965)

Abstract:

35.

The Sec’s Shareholder Proposal Rule: Creating a Corporate Public Square

Columbia Business Law Review, 2021, Vanderbilt Law Research Paper No. 22-02, Duke Law School Public Law & Legal Theory Series No. 2022-11

Number of pages: 53 Posted: 07 Feb 2022

James D. Cox, Randall S. Thomas and Randall S. Thomas

Duke University School of Law and Vanderbilt University - Law SchoolVanderbilt University - Owen Graduate School of Management

Downloads 112 (467,117)

Abstract:

36.

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 97 (516,575)

Citation 2

Abstract:

37.

'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 87 (553,578)

Citation 2

Abstract:

38.

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 70 (626,803)

Citation 1

Abstract:

39.

Brief of Law and Business Professors as Amici Curiae in Support of Respondents, MacQuarie Infrastructure v. Moab Partners, No. 22-1165, Dec. 20, 2023

University of Tennessee Legal Studies Research Paper, Duke Law School Public Law & Legal Theory Series No. 2024-09, NYLS Legal Studies Research Paper No. 4692086

Number of pages: 44 Posted: 07 Feb 2024

J. Robert Brown, James D. Cox, Joan MacLeod Heminway, Sarah C. Haan and Faith Stevelman

University of Denver Sturm College of Law, Duke University School of Law, University of Tennessee College of Law, Washington and Lee University - School of Law and New York Law School

Downloads 44 (775,568)

Abstract:

40.

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

Posted: 07 May 2003

James D. Cox

Duke University School of Law

Abstract:

41.

Regulatory Duopoly in U.S. Securities Markets

Posted: 22 Feb 2000

James D. Cox

Duke University School of Law

Abstract:

42.

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

Abstract:

43.

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

Abstract:

44.

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

James D. Cox

Duke University School of Law

Professor of Law

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Scholarly Papers (44)

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