Loyola University Chicago Law Journal Volume 43 Article 3 Issue 1 Fall 2011 2011 Derivatives: A Twenty-First Century Understanding Timothy E. Lynch University of Missouri-Kansas City School of Law Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Banking and Finance Law Commons Recommended Citation Timothy E. Lynch, Derivatives: A Twenty-First Century Understanding, 43 Loy. U. Chi. L. J. 1 (2011). Available at: http://lawecommons.luc.edu/luclj/vol43/iss1/3 This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact
[email protected]. Derivatives: A Twenty-First Century Understanding Timothy E. Lynch* Derivatives are commonly defined as some variationof the following: financial instruments whose value is derivedfrom the performance of a secondary source such as an underlying bond, commodity, or index. This definition is both over-inclusive and under-inclusive. Thus, not surprisingly, even many policy makers, regulators, and legal analysts misunderstand them. It is important for interested parties such as policy makers to understand derivatives because the types and uses of derivatives have exploded in the last few decades and because these financial instruments can provide both social benefits and cause social harms. This Article presents a framework for understanding modern derivatives by identifying the characteristicsthat all derivatives share. All derivatives are contracts between two counterparties in which the payoffs to andfrom each counterparty depend on the outcome of one or more extrinsic, future, uncertain event or metric and in which each counterparty expects (or takes) such outcome to be opposite to that expected (or taken) by the other counterparty.