Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Extraterritorial Application Of U.S. Securities Fraud Prohibitions In An Increasingly Global Transactional World, Joan Macleod Heminway
The Extraterritorial Application Of U.S. Securities Fraud Prohibitions In An Increasingly Global Transactional World, Joan Macleod Heminway
Scholarly Works
This draft working paper, prepared for a French academic forum entitled “American Law Today: Identity, Mutations, and Debate,” is a brief essay on the current and potential future extraterritorial reach of Section 10(b) of the Securities Exchange Act of 1934, as amended, and Rule 10b-5 adopted by the U.S. Securities and Exchange Commission under Section 10(b). The essay does three principal things. First, it summarizes the key antifraud rules in context. Next, it describes (in brief) the history and current state of the academic and political debate on the extraterritoriality of Section 10(b) and Rule 10b-5 (including commentary on the …
The Sec’S New Line-Item Disclosure Rules For Asset-Backed Securities: Mots Or Tmi?, Joan Macleod Heminway
The Sec’S New Line-Item Disclosure Rules For Asset-Backed Securities: Mots Or Tmi?, Joan Macleod Heminway
Scholarly Works
Despite the lack of a dominant explanation for the level of risk assumed by investors in asset-backed securities in the period preceding the financial crisis, the U.S. Congress proposed and passed new disclosure prescriptions addressing various aspects of the secondary mortgage market as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This essay asks whether certain disclosure provisions embraced in Dodd-Frank and the related regulations of the U.S. Securities and Exchange Commission are merely new and necessary components of a disclosure infrastructure that the SEC has been building for years for the protection of investors and markets …
Desire, Conservatism, Underfunding, Congressional Meddling, And Study Fatigue: Ingredients For Ongoing Reform At The Securities And Exchange Commission?, Joan Macleod Heminway
Desire, Conservatism, Underfunding, Congressional Meddling, And Study Fatigue: Ingredients For Ongoing Reform At The Securities And Exchange Commission?, Joan Macleod Heminway
Scholarly Works
This article suggests the use of program evaluation -- a branch of social science research designed to assess organizations and their activities -- to analyze continued reform efforts at the Securities and Exchange Commission ("SEC") under Section 967 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 967 compelled the SEC to retain an independent consultant to evaluate and issue a report on its structure and operations and mandated that the SEC engage in post-study reporting to Congress over a two-year period on its implementation of resulting reforms. The article concludes that program evaluation techniques are useful in …