Better Bankers, Better Banks

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Better Bankers, Better Banks

Anyone seeking a fresh and compelling assessment of global financial stability should consider the forthcoming book Better Bankers, Better Banks, due out later this month. The simple central thesis is that banks fail because bankers fail and the logically inexorable prescription is covenant banking, meaning getting banker’s to assume personal liability for bank failures. U. Minnesota business law professors Claire Hill and Richard Painter offer a work of elegant simplicity, as reflected in the book’s Table of Contents:

Part I: The Problem

1 Irresponsible Banking

Gates Capital Returns 32.7% Tries To Do “Fewer Things Better”

Gates Capital Management's Excess Cash Flow (ECF) Value Funds have returned 14.5% net over the past 25 years, and in 2021, the fund manager continued to outperform. Due to an "absence of large mistakes" during the year, coupled with an "attractive environment for corporate events," the group's flagship ECF Value Fund, L.P returned 32.7% last Read More

2 How Banking Became What It Is Today
3 Explaining Banker Behavior

Part II: Solutions
4 Law and Its Limits
5 Covenant Banking
6 Responsible Banking

The sub-title suggests an intriguing twist on the normative thrust: “Promoting Good Business Through Contractual Commitment.” I discussed the book and its themes with the authors on several occasions and read some draft chapters. I am now eager to devour the final. My guess is the read will benefit not only policymakers and scholars but bankers as well. Kudos to Claire and Richard.

Larry is a professor of law at the George Washington University Law School. He joined the GW Law School faculty in 2007, having previously taught for 6 years at Boston College (where he served a 2-year term as Academic Dean) and for 8 years at Cardozo (where he served a 5-year term as Director of the Heyman Center on Corporate Governance). He also taught courses at many other schools in the US and abroad, including Central European University, Columbia University, Hebrew University, University of Navarra, and Vanderbilt University. Before entering academia, he practiced corporate law for 4 years at Cravath, Swaine & Moore. He earned his BA from University of Delaware and his JD magna cum laude from Cardozo. Larry writes extensively in corporate and securities law, with a special emphasis on law and accounting and investor perspectives. He teaches courses in those fields as well as Contracts. He has published a dozen books and 50 law review articles. His recent books include: Contracts in the Real World: Stories of Popular Contracts and Why They Matter (Cambridge University Press 2012), The AIG Story (Wiley 2013), The Essays of Warren Buffett: Lessons for Corporate America (Carolina Academic Press 2013), and Berkshire Hathaway’s Value of Values (Columbia University Press 2014). Areas of Interest: Accounting, Auditing, Contracts, Corporate Law, Finance, Investing, Legal Education, Securities Regulation
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