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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14,746

SSRN CITATIONS
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Top 9,481

in Total Papers Citations

51

CROSSREF CITATIONS

106

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 2,247 (11,325)
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 2,101 (12,624)
Citation 26

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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 1,035 (36,607)
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 712 (60,299)
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 323 (155,945)

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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 762 (55,825)
Citation 4

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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 746 (57,454)
Citation 6

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 487 (97,494)
Citation 6

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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 259 (196,248)

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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 639 (70,320)
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 398 (123,679)
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 241 (210,753)

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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 637 (70,605)
Citation 8

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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 626 (72,123)
Citation 1

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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 583 (78,878)
Citation 1

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international bankruptcy, game theory, international relations, cooperation

10.

Gap Filling in the Zone of Insolvency

Downloads 546 (85,562)
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 350 (143,043)

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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 196 (256,420)
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 498 (95,767)
Citation 2

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12.

Pay for Regulator Performance

Downloads 493 (96,992)
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 358 (139,496)
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 135 (352,644)

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13.

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

Downloads 460 (105,436)
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 305 (165,739)

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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 155 (315,138)
Citation 3

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regulatory competition, issuer choice, international securities regulation

14.

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 437 (111,958)
Citation 1

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

15.

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 425 (115,649)
Citation 1

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

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 370 (135,516)

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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 353 (142,708)

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International bankruptcy, game theory, international relations

18.

Fear of Commitment in International Bankruptcy

Downloads 340 (148,596)

Fear of Commitment in International Bankruptcy

Number of pages: 40 Posted: 28 Jul 2001
Frederick Tung
Boston University School of Law
Downloads 340 (147,551)
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 312 (162,789)
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 302 (168,532)
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 296 (172,101)
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 296 (171,081)
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 238 (214,144)
Citation 1

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 179 (278,289)

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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 59 (602,334)
Citation 1

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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 121 (381,826)
Citation 1

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24.

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

Journal of Corporation Law
Number of pages: 43 Posted: 23 Nov 2021 Last Revised: 29 Nov 2021
Frederick Tung
Boston University School of Law
Downloads 91 (465,391)
Citation 2

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

25.

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 88 (475,180)

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