Books By Tamar Frankel

Law and the Financial System: Securitization and Asset Backed Securities provides students and practitioners with a comprehensive source of materials and references for understanding the process and issues that surround the conversion of illiquid financial assets into tradable securities. The book begins with an overview of the financial system and the place of securitization in the system. The book focuses on the process and law of securitization and is derived largely from Tamar Frankel's treaties, Securitization (2nd ed. 2005). The book concludes with a global view of securitization and an assessment of the impact and future of securitizing financial assets. The legal text is enhanced with case studies and simulation exercises that bring context and practical application to the subject. Study questions covering law, business and public policy provide students with an opportunity to discuss and debate areas where answers are complex and often indeterminate. Simulation exercises enable students to test their own ideas with their peers using real world examples. The book can be used as a stand alone course on securitization or as a supplementary text for courses on financial regulation. Practitioners will find the book a useful desk reference.

Teaching Book: 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.

Note: This book was translated into Chinese in December 2009. Publisher: LawPress-China

Trust and Honesty

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...

• Interview Part 1 audio file download
• Interview Part 2 audio file download
• Interview Part 3 audio file download

What the experts are saying

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.

Investment Management Regulation

Topics Covered:

• Investment Company Act of 1940
• Investment Advisors Act of 1940
• Laws governing organizational structures
• Relationship of state and federal law
• Securities markets and trust relationships
• Significant legislation

Return to the home page from
this "Books By Tamar Frankel" page.