Derivatives Regulation, Second Edition

SKU:10071655

Susan C. Ervin, Thomas Lee Hazen, Philip McBride Johnson, Charles R. Mills, Kathryn M. Trkla

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Product Line	Wolters Kluwer Legal & Regulatory U.S.
Product SKU	10071655

Overview

The Definitive Authority on U.S. Derivatives Law — Fully Reimagined for Today’s Market.

For more than four decades, the lineage of Derivatives Regulation has set the standard for comprehensive, authoritative analysis of U.S. derivatives law under the Commodity Exchange Act (CEA). Building on the legacy of the landmark 1982 treatise Commodities Regulation by the late Philip McBride Johnson—one of the most influential figures in derivatives regulation—this newly updated Second Edition continues that unmatched tradition.

Co-authored and expanded by an exceptional team of leading scholars and practitioners, including Tom Hazen, Susan Ervin, Charles Mills, and Kathryn Trkla, this edition brings together deep academic insight and real-world experience to deliver the most complete and practical guide to the modern derivatives landscape.

Why This Second Edition Is Essential

A Comprehensive Refresh for a Transformed Industry

This Second Edition reflects dramatic evolution in derivatives markets and provides an up-to-date, reorganized analysis aligned with contemporary market realities.

Authoritative Treatment of the Dodd-Frank Regulatory Framework

This edition offers extensive coverage of the regulatory architecture for swaps and OTC derivatives created by the Dodd-Frank Act of 2010.

Foundational New Introductory Chapters

New chapters help readers understand the broader structure of derivatives regulation while maintaining technical rigor.

Preserves and Enhances a Historic Legacy

Key historical analysis, seminal cases, and original insights are retained while integrating the latest developments.

Who Needs This Treatise

Attorneys advising on derivatives compliance, enforcement, or transactions
In-house counsel navigating risk and regulatory obligations
Regulators and policymakers
Judges and legal researchers
Scholars, students, and law libraries

A Treatise That Evolves with the Market

This Second Edition is a complete re-envisioning, built to meet the needs of today’s fast-changing environment while remaining rooted in the unparalleled scholarship that has defined this work for generations.

Note: Online subscriptions are for three-month periods.

1. AN INTRODUCTION TO DERIVATIVES REGULATION

Overview
Key Definitions
The Public Interest Justification for Derivatives Regulation
The Commodity Futures Trading Commission
Transactions Regulated Under the CEA
Market Professionals Regulated Under the CEA
CFTC Regulation of Derivative Markets
CFTC and Interagency Coordination

2. A SHORT HISTORY OF THE COMMODITY EXCHANGE ACT

Overview
Agricultural Markets Spur the Creation of Federal Futures Regulation
The Modern Era: Comprehensive Futures Regulation by an Independent Agency
OTC Derivatives Challenge the Exchange Monopoly; a New Regulatory Model is Created
CFTC Reauthorization Act of 2008
The Dodd-Frank Act: A Comprehensive New Framework for Derivatives
A Short Retrospective of the CEA’s History

3. CFTC REGULATION OF DERIVATIVE PRODUCTS: DEFINING THE UNIVERSE

Overview
The Essential Commodity
Futures Contracts
Options on Commodities and on Futures
Swaps
Security-Related Derivatives
Retail Foreign Currency and Commodity Transactions
Cryptocurrency

4. CEA OVERSIGHT FRAMEWORK: THE CFTC AND THE ROLE OF SELF-REGULATION

Overview
The Commodity Futures Trading Commission
CFTC Relationship with Other Federal Agencies
CFTC Relationship to Other Branches of the Federal Government
State Law and State Agencies; Federal Preemption
CFTC Relationship to Foreign Authorities
The Commission’s Role in Administration of Other Laws
The Role of Self-Regulation

5. CFTC REGISTRANTS (INDUSTRY PROFESSIONALS)

Overview
Futures Commission Merchants and Introducing Brokers
Commodity Trading Advisors and Commodity Pool Operators
Swap Dealers and Major Swap Participants; Security-Based Swap Dealers and Major Swap Participants
Retail Foreign Exchange Dealers and Other Retail Forex Registrants
Individuals (Mostly)

6. MARKET OPERATIONS: REGULATION OF DERIVATIVES MARKETS, MARKET INFRASTRUCTURE AND MARKET PARTICIPANTS