Fordham Law Review Volume 74 Issue 5 Article 2 2006 Stock Exchanges at the Crossroads Andreas M. Fleckner Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Andreas M. Fleckner, Stock Exchanges at the Crossroads, 74 Fordham L. Rev. 2541 (2006). Available at: https://ir.lawnet.fordham.edu/flr/vol74/iss5/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
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[email protected]. For very helpful discussions, suggestions, and general critique, I am grateful to Howell E. Jackson as well as to Stavros Gkantinis, Apostolos Gkoutzinis, and Noah D. Levin. The normal disclaimers apply. An earlier version of this Article has been a discussion paper of the John M. Olin Center's Program on Corporate Governance, Working Papers, http://www.law.harvard.edu/programs/ olin_center/corporate_governance/papers.htm (last visited Mar. 6, 2005). This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol74/iss5/2 ARTICLES STOCK EXCHANGES AT THE CROSSROADS Andreas M Fleckner* INTRODUCTION Nemo iudex in sua causa-No one shall judge his own cause. Ancient Rome adhered to this principle,' the greatest writers emphasized it, 2 and the Founding Fathers contemplated it in the early days of the republic: "No man is allowed to be a judge in his own cause; because his interest would '3 certainly bias his judgment, and, not improbably, corrupt his integrity.