5th Annual Berle Symposium

May 12 - 15, 2015
UNSW CBD Campus 1 O'Connell Street
Sydney 2000

Capital Markets, the Corporation and the Asian Century:
Governance, Accountability and the Future of Corporate Law

BERLE V: CAPITAL MARKETS, THE CORPORATION, AND THE ASIAN CENTURY: GOVERNANCE, ACCOUNTABILITY, AND THE FUTURE OF CORPORATE LAW
Current Issue: Volume 37, Number 2 (2014)


Sunday 12 May

Cocktail Reception and Welcome
The Westin Hotel, 1 Martin Place, Sydney


Monday 13 May

0800-0830  Coffee & Registration

0830-0845  Opening Remarks

Justin O'Brien
Professor, University of New South Wales, Faculty of Law
Director, Centre for Law, Markets and Regulation

Charles O'Kelley
Professor, Seattle University School of Law
Director, Adolf A. Berle, Jr. Center on Corporations, Law and Society

0845-1015  The Changing Perimeter of Securities Regulation

Peter Kell
Deputy Chairman, Australian Securitites and Investments Commission
The Perspective from Australia

The Purpose and Nature of Financial Regulation
Doug W. Arner
Professor and Head, Department of Law, University of Hong Kong, Department of Law
The Purpose and Nature of Financial Regulation

1015-1030  Coffee

1030-1200  Regulation, Power and Authortity   

Colin Scott
Professor, University College Dublin, School of Law
Director, Centre for Regulation and Governance
Evaluating the Performance and Accountability of Regulators

Justin O'Brien
Professor, University of New South Wales, Faculty of Law
Director, Centre for Law, Markets and Regulation
Culture Wars: Rate Manipulation, Institutional Corruption and the Lost Normative Underpinnings of Market Conduct Regulation

1200-1300  Lunch

1300-1515  Institutions, Processes and Actors: the Role of Enforcement Part I

Jed Rakoff
Judge, United States District Court, Southern District of New York
"I Didn't Know the Gun Was Loaded" -- The Strange Absence of 'Reckless Disregard' Criminal Cases Arising From The Financial Crisis of 2008

Frank Partnoy
Professor, University of San Diego, School of Law
Co-Director, Center for Corporate an Securities Law
The Ex Ante Problem and the Ex Post Solution

Rachel Barkow
Professor, New York University, School of Law
Regulators as Police: Order Maintenance Policing on Wall Street

1515-1530  Coffee

1530-1700  Institutions, Processes and Actors: the Role of Enforcement Part II

Olivia Dixon
Lecturer, University of Sydney, Sydney Law School
The Biggest White Collar Crime in History? Libor, Negotiated Prosecutions, and the Pursuit of Accountability

Joan Loughrey
Enforcing Accountability: The Director's Duty of Care and the Role of Market Norms

1700-1745  Superannuation in an Age of Uncertainty

Jeremy Cooper
Chairman, Retirement Income, Challenger, Ltd.
Superannuation in an Age of Uncertainty: Can the Defined Contribution Model Provide Effective Retirement Outcomes?

1800  Drinks Reception

David Dixon
Professor and Dean, University of New South Wales, Faculty of Laws

1900-2100  Dinner at the Café Sydney, Circular Quay


Tuesday 14 May

0800-0830  Coffee

0830-1045  State Capital and the Dynamics of Financial Regulation

Greg Golding
Partner, King & Wood Mallesons, Sydney
Australia's Experience with Foreign Direct Investment by State Owned Enterprises: Are We Moving to Xenophobia or Openess?

Adam Dixon
Research Fellow, University of Bristol, School of Geographical Sciences
Transparency, Long-term Investment, and the Political Economy of Sovereign Wealth Funds in the Asian Century

George Gilligan and Megan Bowman
Senior Research Fellow, University of New South Wales, Centre for Law, Markets and Regulation
Research Fellow, University of New South Wales, Centre for Law, Markets and Regulation
What's the State of Play? The Effects of State Capital Investment in Australia and Regulatory Implications

1100-1230  Enter the Dragon: The Transformation of Chinese Corporate and Securities Regulation

Teemu Ruskola
Professor, Emory University, Faculty of Law
Political Economy and the Construction of Chinese Corporate Law

Nicholas Howson
Professor, University of Michigan Law School
Quack Corporate Governance as Good Medicine - the Fruitful Incursion of Securities Regulation on China's Corporate Governance Regime

1230-1330  Lunch

1330-1415  Japanese Corporation Law

Takaya Seki and Thomas Clarke
Associate Professor, Meiji University, School of Commerce
Professor and Director, Centre for Corporate Governance, University of Technology, Sydney

1415-1545  The Nature of the Corporation Part I

Lynn Stout
Professor, Cornell Law School
Symbiont or Predator? Toward an Understanding of the Relationship between Homo Sapiens and Global Corporations

Kent Greenfield
Professor, Boston College Law School
The Board as Regulator

1545-1600  Coffee  

1600-1730  The Nature of the Corporation Part II  

Roberta Karmel
Professor, Brooklyn Law School
Independent Director Models After the Meltdown - Is Shareholder Primacy Still the Norm?

Eric Talley
Professor, University of California at Berkeley, Faculty of Law Director, Berkeley Center for Law, Business and the Economy
Corporate Form and Social Entrepreneurship: A Status Report from California (and Beyond)

1730  Closing Remarks and Drinks Reception

1900  Dinner at Aria, Circular Quay, Sydney


Wednesday 15 May

0830-1200   Regulatory Enforcement and the Judiciary Roundtable

Allens-Linklaters,  Deutsche Bank Place, Sydney  

Keynote Address:

Judge Jed Rakoff,
United States District Court, Southern District of New York

Panelists:

Belinda Gibson,
Former Deputy Chair, Australian Securities and Investments Commission

John Morgan,
Partner, Allens-Linklaters, Sydney

Ross Buckley,
King & Wood Mallesons Chair in International Finance and Regulation

Eric Talley,
Professor, University of California at Berkeley, Faculty of Law