Frederick Tung

Boston University School of Law

Howard Zhang Faculty Research Scholar and Professor of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

  • Boston University School of Law

SCHOLARLY PAPERS

25

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SSRN CITATIONS
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31

CROSSREF CITATIONS

101

Scholarly Papers (25)

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1.

Law and Project Finance

Journal of Financial Intermediation, Forthcoming
Number of pages: 45 Posted: 27 Aug 2007 Last Revised: 15 Aug 2014
Krishnamurthy Subramanian and Frederick Tung
Indian School of Business (ISB), Hyderabad and Boston University School of Law
Downloads 2,191 (8,448)
Citation 4

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Agency Cost, Bankruptcy Cost, Corporate Finance, Free Cashflow, Investor Protection, Leverage, Limited Recourse, Project Finance, Self-Dealing

2.

Bank CEOs, Inside Debt Compensation, and the Global Financial Crisis

Boston Univ. School of Law Working Paper No. 11-49
Number of pages: 55 Posted: 14 Mar 2010 Last Revised: 13 Aug 2013
Frederick Tung and Xue Wang
Boston University School of Law and Ohio State University - Fisher College of Business
Downloads 1,996 (9,856)
Citation 15

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banks, financial crisis, banking regulation, CEO compensation, inside debt, corporate governance, agency costs of debt, Moral Hazard, Financial Institutions

3.

Pay for Banker Performance: Structuring Executive Compensation for Risk Regulation

Downloads 1,007 ( 28,141)
Citation 11

Pay for Banker Performance: Structuring Executive Compensation for Risk Regulation

Emory Public Law Research Paper No. 10-93, Emory Law and Economics Research Paper No. 10-60
Number of pages: 57 Posted: 02 Feb 2010 Last Revised: 09 Oct 2012
Frederick Tung
Boston University School of Law
Downloads 695 (46,289)
Citation 13

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executive compensation, banker pay, financial regulation, financial crisis, TARP, moral hazard, prudential regulation, banks, financial institutions

Pay for Banker Performance: Structuring Executive Compensation for Risk Regulation

Northwestern University Law Review, Vol. 105, 2010, Boston Univ. School of Law Working Paper No. 10-25
Number of pages: 59 Posted: 24 Jul 2010
Frederick Tung
Boston University School of Law
Downloads 312 (122,033)

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xecutive compensation, banker pay, financial regulation, financial crisis, TARP, moral hazard, prudential regulation, banks, financial institutions

4.

Leverage in the Board Room: The Unsung Influence of Private Lenders in Corporate Governance

UCLA Law Review, Vol. 57, 2009, Emory Public Law Research Paper No. 9-54, Emory Law and Economics Research Paper No. 9-43
Number of pages: 69 Posted: 11 Mar 2009 Last Revised: 13 Jun 2012
Frederick Tung
Boston University School of Law
Downloads 717 (44,984)
Citation 2

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lender governance, corporate governance, covenants, credit agreement, private lender, private debt, creditor, financial regulation, financial crisis

5.

Before Competition: Origins of the Internal Affairs Doctrine

Downloads 697 ( 46,730)
Citation 3

Before Competition: Origins of the Internal Affairs Doctrine

Emory Law and Economics Research Paper No. 06-04
Number of pages: 76 Posted: 16 Mar 2005
Frederick Tung
Boston University School of Law
Downloads 467 (76,802)
Citation 3

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regulatory competition, corporate law, choice of law, federalism, legal history

Before Competition: Origins of the Internal Affairs Doctrine

Journal of Corporation Law, Forthcoming, Emory Public Law Research Paper No. 07-7, Emory Law and Economics Research Paper No. 07-8
Number of pages: 70 Posted: 20 Jan 2007
Frederick Tung
Boston University School of Law
Downloads 230 (166,760)

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regulatory competition, corporate law, choice of law, federalism, legal history

6.

The New Death of Contract: Creeping Corporate Fiduciary Duties for Creditors

Downloads 601 ( 56,683)
Citation 5

The New Death of Contract: Creeping Corporate Fiduciary Duties for Creditors

Emory Law and Economics Research Paper No. 07-24, Emory Public Law Research Paper No. 07-29
Number of pages: 58 Posted: 20 Nov 2007
Frederick Tung
Boston University School of Law
Downloads 383 (97,034)
Citation 5

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corporate governance, fiduciary duties, insolvency, creditors, debt-equity conflict, incomplete contract, delegated monitoring

The New Death of Contract: Creeping Corporate Fiduciary Duties for Creditors

Emory Law and Economics Research Paper No. 07-24, Emory Law Journal, Vol. 57, p. 809, 2008, Emory Public Law Research Paper No. 07-29
Number of pages: 63 Posted: 27 Apr 2008
Frederick Tung
Boston University School of Law
Downloads 218 (175,692)

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corporate governance, fiduciary duties, insolvency, creditors, debt-equity conflict, incomplete contract, delegated monitoring

7.

Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain

Virginia Law Review, Vol. 99, No. 6, 2013 , Harvard Public Law Working Paper No. 13-15, Boston Univ. School of Law, Law and Economics Research Paper No. 13-4, Boston Univ. School of Law, Public Law Research Paper No. 13-4
Number of pages: 58 Posted: 27 Feb 2013 Last Revised: 17 Nov 2016
Mark J. Roe and Frederick Tung
Harvard Law School and Boston University School of Law
Downloads 594 (57,545)
Citation 5

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bankruptcy, restructuring, priority, rent-seeking, creditors’ bargain, reorganization, derivatives, financial crisis, repo, special purpose vehicle

8.

What Else Matters for Corporate Governance?: The Case of Bank Monitoring

Boston University Law Review, Forthcoming, Emory Law and Economics Research Paper No. 08-35, Emory Public Law Research Paper No. 08-49
Number of pages: 52 Posted: 01 Nov 2008 Last Revised: 19 Jun 2012
Joanna Shepherd, Frederick Tung and Albert Yoon
Emory University School of Law, Boston University School of Law and University of Toronto - Faculty of Law
Downloads 594 (57,545)

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corporate governance, corporate governance index, agency costs, entrenchment, bank monitoring, private debt, private lender, bank loan, free cash flow

9.

Is International Bankruptcy Possible?

Michigan Journal of International Law, Vol. 23, P. 31, 2001
Number of pages: 72 Posted: 13 May 2002
Frederick Tung
Boston University School of Law
Downloads 574 (60,065)
Citation 1

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international bankruptcy, game theory, international relations, cooperation

10.

Gap Filling in the Zone of Insolvency

Downloads 519 ( 68,150)
Citation 1

Gap Filling in the Zone of Insolvency

Journal of Business and Technology Law, 2007, Emory Public Law Research Paper No. 07-2, Emory Law and Economics Research Paper No. 07-3
Number of pages: 26 Posted: 17 Jan 2007
Frederick Tung
Boston University School of Law
Downloads 330 (114,848)

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fiduciary duties, corporate governance, insolvency, creditors, incomplete contracts

Gap Filling in the Zone of Insolvency

Emory Law and Economics Research Paper No. 06-09
Number of pages: 34 Posted: 24 Apr 2006
Frederick Tung
Boston University School of Law
Downloads 189 (200,591)
Citation 1

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corporation, corporate governance, fiduciary duties, insolvency, creditors, shareholders

11.

After Orange County: Reforming California Municipal Bankruptcy Law

Number of pages: 60 Posted: 14 May 2002
Frederick Tung
Boston University School of Law
Downloads 486 (73,900)
Citation 2

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12.

Pay for Regulator Performance

Downloads 445 ( 82,153)
Citation 19

Pay for Regulator Performance

U of Chicago Law & Economics, Olin Working Paper No. 574, Boston Univ. School of Law, Law and Economics Research Paper No. 11-43, Boston Univ. School of Law, Public Law Research Paper No. 11-43
Number of pages: 78 Posted: 28 Aug 2011 Last Revised: 12 Sep 2011
Frederick Tung and M. Todd Henderson
Boston University School of Law and University of Chicago - Law School
Downloads 330 (114,848)
Citation 21

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bank, bank examiner, banking regulation, incentive pay, pay for performance, financial crisis

Pay for Regulator Performance

Number of pages: 76 Posted: 17 Jan 2012
M. Todd Henderson and Frederick Tung
University of Chicago - Law School and Boston University School of Law
Downloads 115 (300,373)

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13.

From Monopolists to Markets?: A Political Economy of Issuer Choice in International Securities Regulation

Downloads 438 ( 83,691)
Citation 3

From Monopolists to Markets?: A Political Economy of Issuer Choice in International Securities Regulation

Number of pages: 67 Posted: 28 Mar 2003
Frederick Tung
Boston University School of Law
Downloads 293 (130,583)

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international securities regulation, issuer choice, regulatory competition, public choice

From Monopolists to Markets?: A Political Economy of Issuer Choice in International Securities Regulation

Number of pages: 98 Posted: 21 Nov 2002
Frederick Tung
Boston University School of Law
Downloads 145 (251,808)
Citation 3

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regulatory competition, issuer choice, international securities regulation

14.

Cross-Monitoring and Corporate Governance

Number of pages: 49 Posted: 06 Jul 2006
Joanna Shepherd, Frederick Tung and Albert Yoon
Emory University School of Law, Boston University School of Law and University of Toronto - Faculty of Law
Downloads 405 (91,685)
Citation 1

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corporate governance, corporate governance index, agency costs, entrenchment, bank monitoring, bank loan, free cash flow

15.

Do Economic Conditions Drive DIP Lending?: Evidence from the Financial Crisis

Boston Univ. School of Law, Law and Economics Research Paper No. 16-38
Number of pages: 41 Posted: 24 Aug 2016 Last Revised: 21 Sep 2017
Frederick Tung
Boston University School of Law
Downloads 388 (96,373)
Citation 1

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bankruptcy, debtor-in-possession financing, liquidation, restructuring

16.

The Puzzle of Independent Directors: New Learning

Boston University Law Review, Vol. 91, No. 3, pp. 1175-1190, May 2011, Boston Univ. School of Law, Public Law Research Paper No. 11-33, Boston Univ. School of Law, Law and Economics Research Paper No. 11-33
Number of pages: 17 Posted: 12 Jul 2011
Frederick Tung
Boston University School of Law
Downloads 354 (106,903)

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independent directors, corporate governance, agency costs, monitoring, information costs, social ties, information asymmetry, outside directors

17.

Skepticism About Universalism: International Bankruptcy and International Relations

UC Berkeley Law and Economics Working Paper No. 2001-7
Number of pages: 64 Posted: 15 May 2001
Frederick Tung
Boston University School of Law
Downloads 332 (114,798)

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International bankruptcy, game theory, international relations

18.

Fear of Commitment in International Bankruptcy

Downloads 311 (123,150)

Fear of Commitment in International Bankruptcy

Number of pages: 40 Posted: 28 Jul 2001
Frederick Tung
Boston University School of Law
Downloads 311 (122,428)
Citation 1

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international bankruptcy, conflict of laws, recognition of judgments

Fear of Commitment in International Bankruptcy

Forthcoming in George Washington International Law Review, Vol. 33, 2001
Posted: 27 Aug 2001
Frederick Tung
Boston University School of Law

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international bankruptcy, conflict of laws, recognition of judgments

19.

Passports, Private Choice, and Private Interests: Regulatory Competition and Cooperation in Corporate, Securities, and Bankruptcy Law

Number of pages: 34 Posted: 21 Oct 2002
Frederick Tung
Boston University School of Law
Downloads 300 (128,048)
Citation 5

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international regulatory competition, regulatory passports, mutual recognition, securities regulation, corporations

20.

Lost in Translation: From U.S. Corporate Charter Competition to Issuer Choice in International Securities Regulation

Number of pages: 88 Posted: 08 Mar 2004
Frederick Tung
Boston University School of Law
Downloads 290 (132,684)
Citation 2

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regulatory competition, issuer choice, international securities regulation

21.

Taking Future Claims Seriously: Future Claims and Successor Liability in Bankruptcy

Downloads 276 (139,658)
Citation 2

Taking Future Claims Seriously: Future Claims and Successor Liability in Bankruptcy

Number of pages: 135 Posted: 24 Jun 1998
Frederick Tung
Boston University School of Law
Downloads 276 (138,972)
Citation 2

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Taking Future Claims Seriously: Future Claims and Successor Liability in Bankruptcy

Case Western Reserve Law Review, Vol. 49, No. 3, Spring 1999
Posted: 16 Aug 1999
Frederick Tung
Boston University School of Law

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22.

Financing Failure: Bankruptcy Lending, Credit Market Conditions, and the Financial Crisis

Downloads 187 (203,486)

Financing Failure: Bankruptcy Lending, Credit Market Conditions, and the Financial Crisis

Yale Journal on Regulation, Vol. 37, 2020, Boston Univ. School of Law, Law and Economics Research Paper
Number of pages: 57 Posted: 18 Nov 2019 Last Revised: 03 Nov 2020
Frederick Tung
Boston University School of Law
Downloads 147 (250,406)

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bankruptcy, debtor-in-possession financing, reorganization, Financial Crisis, extraordinary provisions, roll-up, milestone

Financing Failure: Bankruptcy Lending, Credit Market Conditions, and the Financial Crisis

Yale Journal on Regulation, Vol. 37, No. 2, 2020, Boston Univ. School of Law, Law and Economics Research Paper
Number of pages: 57 Posted: 19 Aug 2020
Frederick Tung
Boston University School of Law
Downloads 40 (534,053)

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bankruptcy, reorganization, restructuring, debtor-in-possession financing, Financial Crisis

23.

Reverse Regulatory Arbitrage: An Auction Approach to Regulatory Assignments

University of Chicago Institute for Law & Economics Olin Research Paper No. 610, U of Chicago, Public Law Working Paper No. 397, Boston Univ. School of Law, Law and Economics Research Paper No. 12-49, Boston Univ. School of Law, Public Law Research Paper No. 12-49
Number of pages: 63 Posted: 13 Aug 2012
M. Todd Henderson and Frederick Tung
University of Chicago - Law School and Boston University School of Law
Downloads 103 (322,511)
Citation 1

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24.

Paying Bank Examiners for Performance

Regulation, Vol. 35, No. 1, Spring 2012, Boston Univ. School of Law, Law and Economics Research Paper No. 12-20, Boston Univ. School of Law, Public Law Research Paper No. 12-20
Number of pages: 9 Posted: 03 Apr 2012
M. Todd Henderson and Frederick Tung
University of Chicago - Law School and Boston University School of Law
Downloads 60 (440,563)

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25.

Do Lenders Still Monitor? Leveraged Lending and the Search for Covenants

The Journal of Corporation Law, Forthcoming
Number of pages: 42 Posted: 03 Aug 2021
Frederick Tung
Boston University School of Law
Downloads 57 (451,522)

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leveraged loans, covenant, covenant-lite, add-backs, split control rights