Books By Tamar Frankel

Books by Tamar Frankel include her writings in the areas of mutual funds, securitization, financial system regulation, fiduciary law and corporate governance.

Fiduciary Law-(Analysis, Definitions, Relationships, Duties, Remedies over History and Cultures)

The purpose of this book is to study fiduciary law by uncovering its underlying structure, principles, themes and objectives. Fiduciaries appear everywhere in the law. They emerge in contract, in tort, in corporate law, agency law, partnership law, criminal law, environmental law, employment law, and constitutional law, in property law, in procedure, and in other areas. But rarely are the policies of the fiduciary law examined as such, in its own context. This book examines fiduciary law’s reach and its limits separately from the other categories.

The book offers students a short survey of fiduciary law in time (from Hammurabi's Code 3,000 years ago) and in space (Europe, UK, Japan, China, Taiwan) and the concept of trust. The style of this book is a somewhat closer to books used in practice. In addition, it contains questions and problems drawn from newspapers, novels and other story sources that, when analyzed, reveal fiduciary relationships.

Trust and Honesty Case Study Companion

The goal of these course materials is to help students and seasoned practitioners recognize the ease with which trust and honesty can be lost, understand the impact of the business environment and social culture on trust and honesty, and explore measures to reinforce and, if necessary, restore trust and honesty in the business world. These course materials are founded on Trust and Honesty, American's Business Culture at a Crossroad (Frankel, 2006).

The centerpiece of each module in this book is a case study drawn from actual business experience. Assigned readings from Trust and Honesty provide context for each teaching module. The case study assessments and discussions are used to highlight and illustrate the issues in more specific and practical terms. They demonstrate the complexity and indeterminacy of the issues. Role plays are provided with each module to provide the students with opportunities to test their ideas, simulate real life situations,manage tradeoffs and build consensus with their peers.

Securitization

Tamar Frankel's Securitization, Second Edition: Structured Financing, Financial Asset Pools, and Asset-Backed Securities.

This authoritative work examines the process of securitization and explains how applicable laws, a wide variety of federal regulations, and many hundreds of cases define the opportunities for and limit each securitization.

When the first edition of Securitization was published, this financial form was hardly known, let alone understood. Fifteen years later, securitized assets markets constitute one of the largest financial markets and the largest, if mortgage-backed securities are included. The updates of the treatise throughout the years did not do justice to the developing subject.

Hence, this second edition. The fundamental theoretical approach of the treatise has remained the same. This second edition does, however, contain added theoretical arguments and numerous additional citations. The basic structure of the treatise has remained mostly intact, although four chapters have been consolidated into two. Redundancies have been eliminated by references. Authorities have been added and updated.

The treatise has received the masterful edit of Ann Taylor Schwing which makes for easier research and reading.

Trust and Honesty

Trust and Honesty: America's Business Culture at a Crossroad (published by Oxford University Press; October, 2006)

Visit Oxford University Press or Amazon.com for book details.

Trust and Honesty: America's Business Culture at a Crossroad by Tamar Frankel

America's culture is moving in a new and dangerous direction, as it becomes more accepting and tolerant of dishonesty and financial abuse. Tamar Frankel argues that this phenomenon is not new; in fact it has a specific traceable past. During the past thirty years temptations and opportunities to defraud have risen; legal, moral and theoretical barriers to abuse of trust have fallen. She goes on to suggest that fraud and the abuse of trust could have a widespread impact on American economy and prosperity, and argues that the way to counter this disturbing trend is to reverse the culture of business dishonesty. Finally, she presents the following thesis: If Americans have had enough of financial abuse, they can demand of their leaders, of themselves, and of each other more honesty and trust and less cynicism. Americans can reject the actions, attitudes, theories and assumptions that brought us the corporate scandals of the 1990s. Though American society can have "bad apples," and its constituents hold differing opinions about the precise meaning of trust and truth, it can remain honest, as long as it aspires to honesty.

For a review of the book Trust and Honesty, by Julian Franks and Colin Mayer in the Financial Times, January 19, 2006, See the "Conversations" Page.

Listen to an interview with Ken McCarthy, founder of the System, regarding Tamar's book Trust and Honesty...

What the experts are saying

"In this timely and thought-provoking book, Tamar Frankel points out the important role that social norms and attitudes play in good corporate governance. What makes a society dishonest, Frankel argues forcefully, is not merely fraud but a general acceptance of fraud; when market participants begin to assume that others will cut corners whenever they can get away with it, the trust needed for economic prosperity will be undermined. A well functioning corporate system, Frankel suggest, is not merely the presence of good legal rules but also general aspirations to honesty. The book makes the reader stop and think, and no one who reads it will fail to recognize the importance of the issues it raises."

Lucian Bebchuk, Harvard Law School

"A valuable contemporary contribution to longstanding inquiry about the optimal mix of markets and oversight in economic life; Tamar Frankel offers fresh perspectives emphasizing the role of honesty in the analysis."

Lawrence A. Cunningham, Boston College Law School

"Tamar Frankel sounds a warning that America's commitment to minimal standards of good faith in business dealing is being progressively eroded, with Enron and World Com being only the tip of a very large iceberg. Disturbingly this corruption has been tolerated or even justified by decision-makers and opinion formers. Frankel provides a diamond-clear analysis, drawing on a deep knowledge of law, business, ethics, philosophy, sociology, and economic theory. She has produced a compelling case for American business, law and economics to make an account of the soul and repent."

Dr. Joshua Getzler, Fellow and Lecturer
Faculty of Law, Oxford University

"Tamar Frankel has written a brilliant analysis of the ethical deterioration of corporate America and sets forth a practical way of redirecting our misguided culture. This immensely readable book pulls no punches in calling for a mass movement towards an 'honest society which will reap the rewards of honesty.'"

Arthur Levitt, Former Chairman
United States Securities and Exchange Commission

"Tamar Frankel's book, Trust and Honesty: America's Business Culture at a Crossroad, is a provocative and broad-sweeping assessment of American culture, especially business culture. Weaving together press stories, observations, and research from economics, law, psychology, and sociology, Frankel draws a disturbing conclusion: Those in positions in trust are less trust-worthy and our society is weakened by this trend."

Peter Tufano, Sylvan C. Coleman Professor of Financial Management, Harvard Business School

The Regulation of Money Managers

Widely regarded as the most comprehensive and penetrating analysis of the regulation surrounding investment advisers and companies, The Regulation of Money Managers, 2nd Edition provides unsurpassed guidance for legal counsel in the field.

Newly revised and now in a looseleaf format, The Regulation of Money Managers, 2nd Edition keeps you up-to-date with all significant new and proposed SEC rules, no-action letters, and interpretive releases, as well as important cases and relevant regulation from other agencies. Among the crucial topics and developments covered, you'll find:

Insider trading What constitutes "financial advice" in the employer/employee relationship The Sarbanes-Oxley Act The structure and organization of investment companies The Gramm-Leach-Bliley Act of 1999 The U.S.A. Patriot Act Conditions under which foreign investment companies may offer their securities in the United States Governance issues The SEC's rules and regulations implementing legislation that divided the responsibilities of regulating advisers among the states and the commission Discount brokerage services Internet trading issues Conflicts of interest Money market funds How to avoid Federal Reserve Board jurisdiction Custody of clients' funds Stock appreciation rights If your practice involves the management of investments or investment companies, you'll find everything you need in this virtually inexhaustible resource.