The Peter A. Allard School of Law Allard Research Commons Faculty Publications Allard Faculty Publications 2010 Power Without Property, Still: Unger, Berle, and the Derivatives Revolution Cristie Ford Allard School of Law at the University of British Columbia,
[email protected] Carol Liao Allard School of Law at the University of British Columbia,
[email protected] Follow this and additional works at: https://commons.allard.ubc.ca/fac_pubs Part of the Business Organizations Law Commons, and the Property Law and Real Estate Commons Citation Details Cristie Ford & Carol Liao, "Power Without Property, Still: Unger, Berle, and the Derivatives Revolution" (2010) 33:4 Seattle U L Rev 889. This Article is brought to you for free and open access by the Allard Faculty Publications at Allard Research Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Allard Research Commons. Power Without Property, Still: Unger, Berle, and the Derivatives Revolution Cristie Ford† and Carol Liao†† INTRODUCTION We are in a time when the notion of property is in flux.1 The deriv- atives revolution2 has shattered the “atom of property” well beyond what was originally imagined in 1932 by Adolf Berle and Gardiner Means.3 This disaggregation has had fascinating, and often adverse, effects on corporate law and securities regulation. Moreover, the phenomenon has had the unexpected effect of permitting some parties that already possess considerable social, economic, and political power to accumulate even more. Innovations in modern finance have generated a large-scale expe- riment, running live and on a global basis, on the impacts of disassem- bling classical notions of ownership and property rights.