The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) invocation of its administrative authority, and self-regulatory episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. This book focuses on "rethinking" the securities laws, with particular emphasis on the Securities Act and Securities Exchange Act. In 1978, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source comprehensively has focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection.
Paine Webber Jackson & Curtis Inc. . . . . 414 Scattergood v. Perelman . . . . 320 SCB Computer Technology, Inc. Securities Litigation, In re . . . . 171 Schatz v. Rosenberg . . . . 336 Scherk v. AlbertoCulver Co.
This book takes a broader perspective by showing that investor protection is a necessary, but not sufficient, legal condition for the efficient separation of ownership and control.
In The Money Problem, Morgan Ricks addresses all of these questions and more, offering a practical yet elegant blueprint for a modernized system of money and banking—one that, crucially, can be accomplished through incremental changes to ...
This thought-provoking book challenges the way we think about regulating cryptoassets.
Paine Webber , Inc. , [ 1992 Transfer Binder ) CCH Fed . Sec . L. Rep . q 96,997 ( E.D. Pa . 1992 ) ; Wood & Locker , Inc. v . Doran and Associates , 708 F. Supp . 684 ( W.D. Pa . 1989 ) ; Hill v . Dyer , 521 F. Supp .
... liability in encouraging business activity are outweighed by the costs doing so imposes on individuals who deal with the firm.83 Clearly, however, not all those who deal with the corporation need or will receive this protection.
The admirers argue that such instruments, irrespective of wider economic implications, rigorously comply with ‘juristically sound’ Islamic principles. This book aims to reconcile the above dispute.
Critiques the application of the current criminal law system to corporate wrongdoing and assesses the potential for legal control of corporate criminality.
This experiential book focuses on the Securities and Exchange Commission's (SEC) enforcement action charging Mr. Mark Cuban with illegal insider trading.
Examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research.