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Securities Law Commons

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Duke Law

Administrative law

Articles 1 - 3 of 3

Full-Text Articles in Securities Law

Who Can’T Raise Capital? The Scylla And Charybdis Of Capital Formation, James D. Cox Jan 2014

Who Can’T Raise Capital? The Scylla And Charybdis Of Capital Formation, James D. Cox

Faculty Scholarship

There has long been complaints that the heavy regulatory hand of Blue Sky Law administrators prevents capital formation by small issuers. Using data recently collected by the SEC, the article reasons that the problems capital starved small issuers encounter is not the state regulator. The problems are elsewhere. The paper explores whether intermediation may ultimately enable more startups to raise needed funds. For this to occur, however, the paper explores the formidable obstacles the broker must overcome in meeting demanding suitability requirements.


Ring-Fencing, Steven L. Schwarcz Jan 2013

Ring-Fencing, Steven L. Schwarcz

Faculty Scholarship

“Ring-fencing” is often touted as a regulatory solution to problems in banking, finance, public utilities, and insurance. However, both the precise meaning of ring-fencing, as well as the nature of the problems that ring-fencing regulation purports to solve, are ill defined. This article examines the functions and conceptual foundations of ring-fencing. In a regulatory context, the term can best be understood as legally deconstructing a firm in order to more optimally reallocate and reduce risk. So utilized, ring-fencing can help to protect public-benefit activities performed by private-sector firms, as well as to mitigate systemic risk and the too-big-to-fail problem inherent …


Regulatory Techniques And Liability Regimes For Asset Managers, Deborah A. Demott Jan 2012

Regulatory Techniques And Liability Regimes For Asset Managers, Deborah A. Demott

Faculty Scholarship

No abstract provided.