Notes from the Border: Writing across the Administrative Law/Financial Regulation Divide

66 J. Legal Educ. 64 (2016)

Emory Legal Studies Research Paper No. 16-420

15 Pages Posted: 7 Oct 2016

See all articles by Robert B. Ahdieh

Robert B. Ahdieh

Texas A&M University School of Law

Date Written: October 6, 2016

Abstract

A central feature – if not the central feature – of legal scholarship today is analysis across divides.

It is surprising, then, how little has been written across the divide that separates administrative law and financial regulation. That is perhaps especially so, given the modest nature of the relevant divide: one that is intra- rather than interdisciplinary, one that operates within rather than across geographic boundaries, and one that involves no temporal dimension but operates entirely within current-day law.

For all the proximity in their interests, targets of study, and even analytical tools, however, scholars of administrative law and of financial regulation (including securities regulation, in particular) have shown strikingly little interest in one another: scholars of each discipline rarely read one another, cite one another, or even talk to one another.

To engage this peculiar lacuna in the legal literature, this brief essay proceeds in four stages. First, I review the history of the divide, as well as recent efforts to bridge it. Second, I outline core characteristics of the divide: the two fields’ distinct motivations, divergent assumptions about the market, and particular limitations. With a clearer picture of the nature of the divide, I suggest some of the insights that might be gained from engagement across it. Finally, I conclude by acknowledging the challenges attendant to writing across the administrative law/financial regulation divide – while also highlighting the need to overcome those challenges.

Keywords: Administrative Law, Financial Regulation, Securities Regulation, Scholarship

Suggested Citation

Ahdieh, Robert B., Notes from the Border: Writing across the Administrative Law/Financial Regulation Divide (October 6, 2016). 66 J. Legal Educ. 64 (2016), Emory Legal Studies Research Paper No. 16-420, Available at SSRN: https://ssrn.com/abstract=2849235

Robert B. Ahdieh (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

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