I finally got it together and opened an account on SSRN (I know, I know), and posted two of my forthcoming pieces there.

The first, Searching for Market Efficiency, is a very short comment that will be published in the Arizona Law Review, discussing Donald Langevoort’s Judgment Day for Fraud-on-the-Market and Geoffrey Miller’s The Problem of Reliance in Securities Fraud Class Actions, both of which will be published in the same issue.  The comment discusses the Supreme Court’s recent decision in Halliburton, and the reasons behind courts’ difficulties in defining market efficiency for the purpose of Section 10(b) class actions.

The second, Manufactured Consent: The Problem of Arbitration Clauses in Corporate Charters and Bylaws, is a longer article forthcoming in the Georgetown Law Journal, and it deals with the claim that, because corporate governance documents are “contractual,” clauses that require arbitration of shareholder disputes must be enforced according to their terms, as required by the Federal Arbitration Act.  I’ve discussed this topic before; the Article spins things out in more depth.  I will eventually put up a longer post here summarizing the piece, but if there’s anyone who just can’t wait for the cliffs notes version, well, you can now download it from SSRN.