Comment: The S.E.C. and the Damsel in Distress: A Contextual Analysis of the Duty of Best Execution

10 Pages Posted: 19 Nov 2015

Date Written: November 15, 2015

Abstract

Scholars have wondered why the law provides more protections to investors of securities than to borrowers of subprime mortgages even though the former are more likely to be more sophisticated consumers. I argue that the S.E.C created this unexpected regulatory framework without facing an insurmountable amount of protest because it tapped into a popular discourse about feminine frailty and highlighted the gender and vulnerability of the earliest victims of securities fraud. To substantiate this point, I focus on the S.E.C’s development of the duty of best execution.

Keywords: Gender, Banking Law, Consumer Protection, Duty of Best Execution

JEL Classification: K22

Suggested Citation

Thypin-Bermeo, Sam, Comment: The S.E.C. and the Damsel in Distress: A Contextual Analysis of the Duty of Best Execution (November 15, 2015). Available at SSRN: https://ssrn.com/abstract=2691143 or http://dx.doi.org/10.2139/ssrn.2691143

Sam Thypin-Bermeo (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

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