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

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