Jerry W. Markham
Professor of Law
J.D., University of Kentucky College of Law
B.S., Western Kentucky University
Jerry Markham is a prolific, nationally recognized scholar and proven classroom teacher in the fields of corporate finance, banking, commodities trading, and securities regulation. His publications have been cited in over six hundred law review articles and in numerous judicial opinions, including several federal district and appellate courts, as well as the Supreme Court of the United States. Markham came to Florida International University College of Law from the University of North Carolina where he was a tenured member of the law faculty for 12 years. Before that, he served for 10 years as an adjunct professor at the Georgetown University School of Law.
In addition to numerous law journal articles, Markham is the author of a three-volume financial history of the United States that was selected as a Choice Outstanding Academic Title in 2002. He also published a book on the Enron era scandals, and has published a two-volume work on the subprime crisis that shook the nation in 2008. Most recently he has published a book on manipulation of stock and commodity prices and is the co-editor of a handbook on securities regulation.
Markham has co-authored five casebooks on corporate law and banking regulation. He also has published a two-volume treatise and a history book on the law of commodity futures regulation, and was the principal coauthor of a two-volume treatise on broker-dealer regulation.
Before his move to academia, Professor Markham served as secretary and counsel, Chicago Board Options Exchange, Inc.; chief counsel, Division of Enforcement, United States Commodity Futures Trading Commission; attorney, United States Securities and Exchange Commission; and a partner with the international firm of Rogers & Wells (now Clifford Chance) in Washington, D.C. In law school, he served as Editor-in-Chief of the Kentucky Law Journal and was named to the Order of the Coif.
Law Enforcement and The History of Financial Market Manipulation, N.Y. M.E. Sharpe (2014).
Regulation of Derivative Financial Instruments (Swaps, Options and Futures), West Academic (2014) (with R. Filler).
Corporate Finance: Debt, Equity, and Derivative Markets and Their Intermediaries, West Group, 2017 (4th ed. with J. Gabilondo& T. Hazen).
Corporations and Other Business Organizations, Cases and Materials, West Group, 2016 (4thed. with T. Hazen & J. Coyle).
Regulation of Banking Financial Service Activities, Cases and Materials, Minn., West Group, 2017 (5th ed. with L. Broome).
Book Chapters and Edited Books
Commodities: Markets, Performance, and Strategies, Oxford U. Press (2018), Chapter 3.
Research Handbook on Securities Regulation in the United States, Elgar Press (co-editor and author of chapters 1, 9, 11, 13 and 16) (2014).
Regulation of Commodity Futures and Exchange Traded Options, Bloomberg/BNA Securities Practice Portfolio Series No. 264 (2015).
Regulation of Swap and Other Over-The-Counter Derivative Contracts, Bloomberg/BNA Securities Practice Portfolio Series No. 263 (2014).
Law Review Articles and Professional Publications
Regulating the “Too Big to Jail” Financial Institutions, 83 Brook. L. Rev. 517 (2018).
Regulating the U.S. Treasury Market, 100 Marq. L. Rev. 188 (2016).
Regulating the Moneychangers, 18 U. Pa. J. Bus. L. 789 (2016).
High Speed Trading on Stock and Commodity Markets—From Courier Pigeons to Computers, 52 San Diego L. Rev. 555 (2015).
The Capital Issues Committee—The First SEC? Financial History Magazine of the Museum of American Finance (Summer 2016).
Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, 12 Brook. J. of Corp. Fin. & Comm. L.311 (2018) (with R. Filler).
Ask the Professors—How Will the Recent Supreme Court Case in SEC v. Kokesh Affect Future SEC and CFTC Enforcement Actions? 37 Fut. & Derv. L. Rep. 1 (2017) (with R. Filler).
Ask the Professors—Will the Recent Supreme Court Case in SalmanResult in More CFTC Enforcement Actions Charging Insider Trading? 37 Fut. & Derv. L. Rep. 15 (2017) (with R. Filler).
The Flash Crash Case Against Sarao—Will the CFTC Prevail? 35 Fut. & Derv. L. Rep. 12 (2015) (with R. Filler).