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- Corporate death penalty; financial crisis; financial institutions; financial services; financial industry; banks; regulation; prosecution; fraud; fraud prevention; mortgages; securities; Wall Street (1)
- Environmental Protection Agency; EPA; Triplespeak; Utilities; Utility Companies; Securities Exchange Commission; SEC; Clean Power Plan; CO2 Emissions; Electricity; Electric Power; Conservative; Libertarian; Progressive; Investor-Owned Utilities; IOU; Corporate Social Responsibility; CSR Report; Moral Psychology; Disclosures (1)
- Large banks; Bank of America; settlement; JPMorgan; Chase; Wells Fargo; Goldman Sachs; Citigroup; too big to jail; white collar crime; financial crisis; regulations; regulatory model; regulators; Securities & Exchange Commission; SEC; Department of Justice; DOJ; Commodity Futures Trading; CFTC; Federal Reserve Board; the Fed; prosecution; executives; financial services; fines; Wall Street (1)
- Regulation Crowdfunding; Regulation A; Regulation A+; Intermediary; Investor Protection; Fix Crowdfunding Act; JOBS Act; Title III; Crowdfunding; Equity-Based Crowdfunding; Funding Portal; Reg CF; Reg A+; Securities Regulation; Capital Markets (1)
Articles 1 - 4 of 4
Full-Text Articles in Business Organizations Law
Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan, Alan R. Palmiter
Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan, Alan R. Palmiter
Brooklyn Law Review
During the year following the EPA’s proposed Clean Power Plan to regulate CO2 emissions in the power sector, the largest investor-owned electric utilities engaged in a curious triplespeak. Employing the moral language of political conservatives, the utilities focused on whether and how the EPA had transgressed its “traditional” regulatory role, thus altering the “structure” of energy federalism and potentially “degrading” orderly power supplies. In disclosure filings with the Securities and Exchange Commission, the utilities used the moral language of political libertarians, focusing on the “financial risks” that federal government “intervention” poses to efficient power “markets” and to the “freedom” of …
Rules Are Meant To Be Amended: How Regulation Crowdfunding's Final Rules Impact The Lives Of Startups And Small Businesses, Dylan J. Hans
Rules Are Meant To Be Amended: How Regulation Crowdfunding's Final Rules Impact The Lives Of Startups And Small Businesses, Dylan J. Hans
Brooklyn Law Review
The Securities and Exchange Commission effectuated the final crowdfunding rules in 2016, and since then, those rules have become the target of scrutiny from startups and investors. Crowdfunding, a form of public capital raising, is an exciting means by which new companies raise money. But, how long will this regulation be a viable option for startups and small businesses? Will the regulation continue to create opportunities for small market enterprises to raise capital? This Note argues that the Securities and Exchange Commission must make adjustments to the Regulation Crowdfunding exemption to improve investor protection, while also reducing draconian disclosure requirements …
Regulating The “Too Big To Jail” Financial Institutions, Jerry W. Markham
Regulating The “Too Big To Jail” Financial Institutions, Jerry W. Markham
Brooklyn Law Review
This article addresses the “too big to jail” regulatory model in which large banks pay hundreds of billions of dollars to settle multiple and duplicative regulatory charges brought by a horde of state, federal, and even foreign regulators. The banks pay those massive settlements in order to keep their banking charters and to obtain immunity from prosecution for senior executives. In turn, regulators benefit from the headlines these fines generate. Much criticism has been directed at these settlements because the banks are allowed to continue business as usual and no senior executives are jailed. Other critics contend that these settlements …
Opacity, Fragility, & Power: Lessons From The Law Enforcement Response To The Financial Crisis, Gregory M. Gilchrist
Opacity, Fragility, & Power: Lessons From The Law Enforcement Response To The Financial Crisis, Gregory M. Gilchrist
Brooklyn Law Review
Review of Mary Kreiner Ramirez and Steven A. Ramirez, THE CARE FOR THE CORPORATE DEATH PENALTY: RESTORING LAW AND ORDER ON WALL STREET (New York 2017) The Case for the Corporate Death Penalty, by Mary Kreiner Ramirez and Steven A. Ramirez, argues that the limited law enforcement response to the 2008 financial crisis represented an unprecedented failure of the rule of law. It further maintains that the weak response by law enforcement was caused by the economic and political power of the largest financial institutions and those who run them. It concludes that the failure to vigorously prosecute the people …