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Full-Text Articles in Securities Law

Profiting From Our Pain: Privileged Access To Social Impact Investing, Cary Martin Shelby Jan 2021

Profiting From Our Pain: Privileged Access To Social Impact Investing, Cary Martin Shelby

Scholarly Articles

Social impacting investing has become the latest trend to permeate the financial markets. With massive anticipated funding gaps for sustainable development goals, and a millennial-driven thirst for doing good while doing well, this trend is likely to continue in the coming decades. This burgeoning industry is poised to experience yet an additional boost, since it provides an alternative mechanism for private actors to “profit from our pain,” particularly in the wake of the COVID-19 pandemic and the Black Lives Matter movement.

As to be expected, the law has not sufficiently adapted to this new wave of innovation. Scholars have thus …


How Did We Get Here? Dissecting The Hedge Fund Conundrum Through An Institutional Theory Lens, Cary Martin Shelby Jul 2019

How Did We Get Here? Dissecting The Hedge Fund Conundrum Through An Institutional Theory Lens, Cary Martin Shelby

Scholarly Articles

This article dissects both the origins and resulting harms of what the author terms the "hedge fund conundrum," in which institutional investors, such as pension plans and endowments, have consistently increased hedge fund allocations over the past decade despite pervasive evidence of excessive fees and subpar returns. It then utilizes an historical institutionalist lens to examine how lawmakers may have enabled a conundrum of this magnitude. By and large, this phenomenon is a symptom of regulatory loopholes that have permitted the private hedge fund market to increase in "publicness" through its expanding access and subsequent harm to retail investors. Such …


Canons Of Construction For Dysfunctional Statutes: A Comment On Bennett, Paul G. Mahoney Jan 2018

Canons Of Construction For Dysfunctional Statutes: A Comment On Bennett, Paul G. Mahoney

Washington and Lee Law Review

No abstract provided.


Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Shaun M. Bennett Jan 2018

Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Shaun M. Bennett

Washington and Lee Law Review

This Note addresses a circuit court split arising from a portion of the anti-retaliation provisions in the Dodd–Frank Wall Street Reform and Consumer Protection Act. Subsection 21F’s retaliation prohibitions apply to those employers whose employees make required or protected disclosures under the Sarbanes–Oxley Act of 2002 (SOX) or any other rule or regulation under the SEC’s jurisdiction. SOX provides anti -retaliation protections — similar to those available under Dodd–Frank — for employees of publicly traded companies who report misconduct. However, SOX expressly affords protections to those who provide information to “a Federal regulatory or law enforcement agency; any Member of …


Comment On Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Sarah C. Haan Jan 2018

Comment On Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Sarah C. Haan

Washington and Lee Law Review

No abstract provided.


Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway May 2017

Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway

Washington and Lee Law Review Online

No abstract provided.


Review: Is Hedge Fund Registration Necessary? , J. W. Verret Jan 2013

Review: Is Hedge Fund Registration Necessary? , J. W. Verret

Washington and Lee Law Review

No abstract provided.


Is Hedge Fund Adviser Registration Necessary To Accomplish The Goals Of The Dodd–Frank Act’S Title Iv?, Luther R. Ashworth Ii Jan 2013

Is Hedge Fund Adviser Registration Necessary To Accomplish The Goals Of The Dodd–Frank Act’S Title Iv?, Luther R. Ashworth Ii

Washington and Lee Law Review

No abstract provided.


Why Register Hedge Fund Advisers—A Comment, Lyman P.Q. Johnson Jan 2013

Why Register Hedge Fund Advisers—A Comment, Lyman P.Q. Johnson

Washington and Lee Law Review

No abstract provided.


The Preexisting Relationship Doctrine Under Regulation D: A Rule Without Reason?, David B.H. Martin, Jr., L. Keith Parsons Jun 1988

The Preexisting Relationship Doctrine Under Regulation D: A Rule Without Reason?, David B.H. Martin, Jr., L. Keith Parsons

Washington and Lee Law Review

No abstract provided.


Integration Of Securities Offerings: Obstacles To Capital Formation Remain For Small Businesses, Perry E. Wallace, Jr. Jun 1988

Integration Of Securities Offerings: Obstacles To Capital Formation Remain For Small Businesses, Perry E. Wallace, Jr.

Washington and Lee Law Review

No abstract provided.


State Takeover Laws: A Rebirth Of Corporationlaw?, David K. Millon Jun 1988

State Takeover Laws: A Rebirth Of Corporationlaw?, David K. Millon

Washington and Lee Law Review

No abstract provided.


State Takeover Statutes: Constitutionality, Community, And Heresy, Lyman P. Q. Johnson Jun 1988

State Takeover Statutes: Constitutionality, Community, And Heresy, Lyman P. Q. Johnson

Washington and Lee Law Review

No abstract provided.


Destroying The Barriers Between Commercial And Investment Banking: Should Congress Repeal The Glass-Steagall Act? Jun 1988

Destroying The Barriers Between Commercial And Investment Banking: Should Congress Repeal The Glass-Steagall Act?

Washington and Lee Law Review

No abstract provided.


"May We Have The Last Dance?" States Take Aim At Corporate Raiders And Crash The Predator's Ball Jun 1988

"May We Have The Last Dance?" States Take Aim At Corporate Raiders And Crash The Predator's Ball

Washington and Lee Law Review

No abstract provided.


Sec Release 1092 On The Investment Advisers Act Of 1940: Applicability Of The Investment Advisers Act To Financial Planners And Other Persons Who Provide Financial Services Jun 1988

Sec Release 1092 On The Investment Advisers Act Of 1940: Applicability Of The Investment Advisers Act To Financial Planners And Other Persons Who Provide Financial Services

Washington and Lee Law Review

No abstract provided.


Commodity Market Manipulation, Philip Mcbride Johnson Jun 1981

Commodity Market Manipulation, Philip Mcbride Johnson

Washington and Lee Law Review

No abstract provided.


An Introduction To The Rules And Regulations Governing National Banks And Their Use Of Financial Futures, Jack A. Barbanel Jun 1981

An Introduction To The Rules And Regulations Governing National Banks And Their Use Of Financial Futures, Jack A. Barbanel

Washington and Lee Law Review

No abstract provided.


Rubin V. United States: Pledge Of Stock As Collateral For A Commercial Loan Is A "Sale" Of A Security Jun 1981

Rubin V. United States: Pledge Of Stock As Collateral For A Commercial Loan Is A "Sale" Of A Security

Washington and Lee Law Review

No abstract provided.


Tender Offer Developments In 1980 Jun 1981

Tender Offer Developments In 1980

Washington and Lee Law Review

No abstract provided.


Santa Fe Industries, Inc. V. Green, Lewis F. Powell Jr. Oct 1976

Santa Fe Industries, Inc. V. Green, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gordon V. New York Stock Exchange, Inc. (Nyse), Lewis F. Powell Jr. Oct 1974

Gordon V. New York Stock Exchange, Inc. (Nyse), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.