Join in this webinar to hear from Professor Steven L. Schwarcz, the Stanley A. Star Distinguished Professor of Law & Business at Duke University on "Rethinking Commercial Law's Uncertain Boundaries" with opening remarks from Dr. Maziar Peihani, Lawson Lundell Professorship in Business Law. "Rethinking Commercial Law's Uncertain Boundaries" is a forthcoming paper by Professor Schwarcz, a draft of which can be read here.
Although it is an essential part of business law, commercial law has uncertain boundaries, creating ambiguities and inconsistencies. Professor Schwarcz hypothesizes and tests possible explanations for that uncertainty, including that commercial law's cross-border development has been path dependent and lacks well-defined normative purposes. He then analyzes what those boundaries should be, proposing that commercial law should cover all business-related transfers of property with potential expansion or restriction of scope to reduce transaction costs or otherwise increase efficiency. Finally, he compares these proposed boundaries to commercial law's existing scope to test whether the boundaries are tethered to reality and also to examine whether existing law should be modified.
About Steven L. Schwarcz
Professor Steven L. Schwarcz is the Stanley A. Star Distinguished Professor of Law & Business at Duke University and Founding Director of Duke’s interdisciplinary Global Capital Markets Center (later renamed the Global Financial Markets Center). His areas of research and scholarship include insolvency and bankruptcy law, international finance, capital markets, systemic risk, corporate governance, and commercial law. Prior to joining the Duke faculty, he was a partner at two of the world’s leading law firms and Visiting Lecturer at Yale Law School.
This event qualifies for 1 CPD credit.
- Centre for Business Law
- General Public
- Continuing Professional Development
- Research Talks