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* Founder of the Journal of Portfolio Management and investment advisor. t Marrs McLean Professor in Law and Associate Dean for Academic Affairs, School of Law, University of Texas at Austin. B.S. 1975, M.A. 1976, J.D. 1979, Yale University. I have benefited substantially from the suggestions of or discussions with Mark Gergen, Sten Gustafson, Robert Hamilton, Douglas Laycock, Richard Markovits, Bruce Neel, Charles Silver, and Jay Westbrook. I also wish to thank David Gunn, Burt Martin, Rosser Newton, Joseph Perez, Jon Pratter, and David Pryor for invaluable library and research assistance, and the Exxon Education Foundation and the University of Texas Law School Foundation for financial support. Unless expressly indicated otherwise, this work speaks as of January 1, 1993.

Misunderstood Derivatives: The Causes of Informational Failure and the Promise of Regulatory Incrementalism