Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Securities Law
Sec Debarment Of Officers And Directors After Sarbanes-Oxley, Jayne W. Barnard
Sec Debarment Of Officers And Directors After Sarbanes-Oxley, Jayne W. Barnard
Faculty Publications
No abstract provided.
The Sec's Suspension And Bar Powers In Perspective, Jayne W. Barnard
The Sec's Suspension And Bar Powers In Perspective, Jayne W. Barnard
Faculty Publications
Enron has brought about demands from many quarters to grant the Securities and Exchange Commission (SEC) new powers. Among the powers the SEC now seeks is the power to bar or suspend securities law violators from serving as an oflicer or director of any public company. Currently, the law assigns this power only to federal district courts. In this Essay, Professor Barnard traces the history of the current law; examining why Congress has expressly withheld suspension and bar powers from the SEC. She then argues that the courts have exercised their suspension and bar powers wisely, and that recent developments …
When Is A Corporate Executive "Substantially Unfit To Serve"?, Jayne W. Barnard
When Is A Corporate Executive "Substantially Unfit To Serve"?, Jayne W. Barnard
Faculty Publications
The recently enacted Securities Enforcement Remedies and Penny Stock Reform Act of 1990 provides that, in an SEC enforcement action, a federal court may enjoin or "disbar" the defendant from serving in the future as an officer or director of a public company. A court may enter such an order if it finds that the defendant is "substantially unfit" to serve as a corporate executive; the Act, however, does not define "substantial unfitness." In this Article Professor Jayne Barnard provides a framework for defining this term and identifying the defendants to which the Remedies Act should apply. Professor Barnard begins …