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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

23

DOWNLOADS
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Top 2,354

in Total Papers Downloads

12,065

CITATIONS
Rank 8,312

SSRN RANKINGS

Top 8,312

in Total Papers Citations

55

Scholarly Papers (23)

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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 1,840 (5,473)
Citation 6

Abstract:

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 1,457 (7,354)
Citation 10

Abstract:

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 955 ( 18,167)
Citation 5

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 657 (30,628)
Citation 5

Abstract:

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 298 (81,945)
Citation 5

Abstract:

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

4.

Before Competition: Origins of the Internal Affairs Doctrine

Downloads 611 ( 34,312)
Citation 7

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 438 (52,002)
Citation 7

Abstract:

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 173 (142,484)
Citation 7

Abstract:

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

5.

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

Downloads 551 ( 39,373)
Citation 1

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 348 (68,585)
Citation 1

Abstract:

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 203 (122,638)
Citation 1

Abstract:

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

6.

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 508 (35,519)
Citation 2

Abstract:

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

7.

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 491 (40,750)
Citation 2

Abstract:

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

8.

Gap Filling in the Zone of Insolvency

Downloads 469 ( 48,281)
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 304 (80,073)
Citation 1

Abstract:

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 165 (148,690)
Citation 1

Abstract:

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

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 461 (40,013)
Citation 1

Abstract:

international bankruptcy, game theory, international relations, cooperation

10.

Pay for Regulator Performance

Downloads 425 ( 54,501)

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 317 (76,422)

Abstract:

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 108 (209,475)

Abstract:

11.

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

Downloads 415 ( 56,114)
Citation 6

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

Wisconsin Law Review, 2002
Number of pages: 67 Posted: 28 Mar 2003
Frederick Tung
Boston University School of Law
Downloads 281 (87,573)
Citation 6

Abstract:

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 134 (177,383)
Citation 6

Abstract:

regulatory competition, issuer choice, international securities regulation

12.

After Orange County: Reforming California Municipal Bankruptcy Law

Hastings Law Journal, Vol. 53, 2002, Forthcoming
Number of pages: 60 Posted: 14 May 2002
Frederick Tung
Boston University School of Law
Downloads 415 (49,045)

Abstract:

13.

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 372 (61,840)

Abstract:

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

14.

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 337 (53,269)

Abstract:

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

15.

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 289 (76,418)

Abstract:

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

16.

Fear of Commitment in International Bankruptcy

Downloads 287 ( 86,020)
Citation 2

Fear of Commitment in International Bankruptcy

Number of pages: 40 Posted: 28 Jul 2001
Frederick Tung
Boston University School of Law
Downloads 287 (85,565)
Citation 2

Abstract:

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

Abstract:

international bankruptcy, conflict of laws, recognition of judgments

17.

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

Chicago Journal of International Law, Vol. 3, Fall 2002
Number of pages: 34 Posted: 21 Oct 2002
Frederick Tung
Boston University School of Law
Downloads 280 (86,020)
Citation 3

Abstract:

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

18.

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 273 (85,003)

Abstract:

International bankruptcy, game theory, international relations

19.

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

Loyola-LA Public Law Research Paper No. 2004-8
Number of pages: 88 Posted: 08 Mar 2004
Frederick Tung
Boston University School of Law
Downloads 265 (88,745)
Citation 4

Abstract:

regulatory competition, issuer choice, international securities regulation

20.

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

Downloads 264 ( 94,279)
Citation 3

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 264 (93,795)
Citation 3

Abstract:

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

Abstract:

21.

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 79 (232,629)
Citation 1

Abstract:

22.

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 45 (324,596)
Citation 1

Abstract:

23.

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: 46 Posted: 24 Aug 2016 Last Revised: 19 Oct 2016
Colleen Honigsberg and Frederick Tung
Stanford Law School and Boston University School of Law
Downloads 0 (183,480)

Abstract:

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

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