Sec On Track With New Insider Cases,
2014
Georgia State University College of Law
Striking Over The Risks Of Retirement Savings,
2014
Georgia State University College of Law
Striking Over The Risks Of Retirement Savings, Anne M. Tucker
Anne Tucker
No abstract provided.
Stock Transfer Restrictions In Close Corporations,
2014
Georgia State University College of Law
Stock Transfer Restrictions In Close Corporations, William Gregory
William A. Gregory
No abstract provided.
Voucher Bill Ignores System Abuse, Costs,
2014
Georgia State University College of Law
Voucher Bill Ignores System Abuse, Costs, Wendy Hensel
Wendy F. Hensel
No abstract provided.
Model Wage Earner Receivership Statute,
2014
Georgia State University College of Law
Model Wage Earner Receivership Statute, William Gregory, Michael Connell
William A. Gregory
No abstract provided.
A Proposal For An Elective Tax Benefits Transfer System,
2014
Georgia State University College of Law
A Proposal For An Elective Tax Benefits Transfer System, Ronald W. Blasi
Ronald W. Blasi
This article proposes an elective tax benefit transfer system to be available to lessors of property they use in their trade or business. It describes why the current linkage of tax benefits to property ownership is economically inefficient, causing it to have several significant disadvantages to the parties and to the economy, as a whole. The article discusses how the current system reduces a firm’s cash flow and reported earnings, diminishes the intended effect of tax incentive legislation, distorts competition and decision making, and inhibits investment in efficient business assets. It is submitted that the proposed system corrects all of …
Audit Committee Composition And Effectiveness: A Review Of Post-Sox Literature,
2014
Sacred Heart University
Audit Committee Composition And Effectiveness: A Review Of Post-Sox Literature, Mahfuja Malik
WCBT Faculty Publications
The Sarbanes–Oxley act (SOX) was enacted to strengthen corporate governance practices in the United States; since SOX enactment, the audit committee has received increasing emphasis in accounting research. The main objective of this study is to review and synthesize the growing volume of audit committee literature in the post-SOX era. While summarizing the post-SOX literature, this study also focuses on selected pre-SOX studies to compare the research issues and findings of pre- and post-SOX literature and to show how governance reforms shape the literature’s domain. The extant audit committee literature reflects an enormous body of knowledge. Pre-SOX literature documents that …
The Sarbanes-Oxley Act Of 2002: Are Stricter Internal Controls Constricting International Companies?,
2014
University of Georgia School of Law
The Sarbanes-Oxley Act Of 2002: Are Stricter Internal Controls Constricting International Companies?, Jennifer K. Coalson
Georgia Journal of International & Comparative Law
No abstract provided.
Japan's Financial Instruments And Exchange Law: Hercules Or Hydra?,
2014
University of Georgia School of Law
Japan's Financial Instruments And Exchange Law: Hercules Or Hydra?, Clark T. Wisenbaker
Georgia Journal of International & Comparative Law
No abstract provided.
Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act,
2014
Seattle University School of Law
Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis
Seattle University Law Review
The law regarding reverse payment settlements is anything but settled. Reverse payment settlements are settlements that occur during a patent infringement litigation in which a pharmaceutical patent holder pays a generic drug producer to not infringe on the pharmaceutical patent. Despite the recent decision by the United States Supreme Court in FTC v. Actavis, Inc., there are still unanswered questions about how the “full rule of reason” analysis will be applied to reverse payment. This Comment argues that despite the outcome in Actavis, the complex regulatory framework of the Hatch–Waxman Act will create repeated conflicts between antitrust law and patent …
Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors,
2014
Author, Educator, Entrepreneur & Professional Corporate Director
Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman
Lawrence J. Trautman Sr.
Effective corporate governance is critical to the productive operation of the global economy and preservation of our way of life. Excellent governance execution is also required to achieve economic growth and robust job creation in any country. In the United States, the premier director membership organization is the National Association of Corporate Directors (NACD). Since 1978, NACD plays a major role in fostering excellence in corporate governance in the United States and beyond. The NACD has grown from a mere realization of the importance of corporate governance to become the only national membership organization created by and for corporate directors. …
Sox And The Regulation Of The Accounting Industry,
2014
Notre Dame Law School
Sox And The Regulation Of The Accounting Industry, Matthew Barrett, Lawrence Cunningham, Mark Demilio, Catherine Shakespeare
Matthew J. Barrett
A significant portion of SOX focuses on ensuring better financial disclosure by enhancing the regulation of outside auditors and the accounting process. For example, the Act not only created the Public Company Accounting Oversight Board ("PCAOB") to oversee public auditors, but also required that public companies implement a system to evaluate the effectiveness of their internal controls as they relate to financial reporting. This panel explores the impact of SOX on financial accounting and the accounting industry. It also examines lessons learned from implementing SOX's various accounting provisions and how those lessons should shape the application of SOX in the …
Addressing Urban Transportation Equity In The United States ,
2014
San Francisco School of Law
Addressing Urban Transportation Equity In The United States , Robert D. Bullard
Robert D Bullard
Transportation touches almost every aspect of our lives and plays a pivotal role in shaping human interactions, economic mobility, and sustainability. Transportation provides access to opportunity and serves as a key component in addressing poverty, unemployment, and equal opportunity goals. This article examines the inequity that exists in the United States when it comes to transit, as the benefits from transportation advancements and investments are not distributed equally among communities, making transportation equity an issue of civil rights and social justice. This article frames transportation issues as a continuation of the civil rights movement and the wrestling with differential treatment …
Intermediaries Revisited: Is Efficient Certification Consistent With Profit Maximization?,
2014
University of Southern California
Intermediaries Revisited: Is Efficient Certification Consistent With Profit Maximization?, Jonathan M. Barnett
Jonathan M Barnett
Private certification mechanisms are a key component of the regulatory infrastructure in the financial sector and other commercial settings. It is generally assumed that certification intermediaries have profit-based incentives to deliver accurate information to the certified market. But this view does not account for repeated failures in certification markets. Those failures can be explained by an inherent defect in the incentive structure of certification intermediaries: entry barriers both support and undermine the consistent supply of accurate information to the certified market. Certification markets tend to converge on a handful of providers protected by switching costs, product opacity and reputational noise. …
Small Business Occupational Fraud,
2014
La Salle University
Small Business Occupational Fraud, Judy Dunne
Economic Crime Forensics Capstones
Estimate show that businesses will lose approximately 5% of revenue annually to occupational fraud. A small business generating $5 million in annual revenue will be estimated to lose $250,000 annually to fraud. The small business owners, with only a few employees, do not have the luxury an internal audit department to keep fraud in check. The small business owners must rely on themselves to be the audit department and it has to happen in a cost effective manner. In order to combat the possibility of fraud, the small business owner must first be familiar with the concepts of the fraud …
Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition,
2014
University of Maryland Francis King Carey School of Law
Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition, Robert J. Rhee
Robert Rhee
Credit rating agencies are important institutions of the global capital markets. If they had performed properly, the financial crisis of 2008-2009 would not have occurred. This article offers the simplest fix proposed thus far, and it is contrarian. This Article accepts the central role of rating agencies in the regulation of bond investments, the realities of a duopoly, and the issuer-pay model of compensation. The status quo is the baseline. The role of regulation should be to create the conditions necessary to induce competition. This article proposes that a small, recurring portion of revenue earned by the largest rating agencies …
The New Leadership Paradigm In Today’S Financial System: Foreign And Domestic Banking,
2014
Thomas Jefferson School of Law
The New Leadership Paradigm In Today’S Financial System: Foreign And Domestic Banking, Valencia Tamir Johnson Dr
Valencia T Johnson
This article discusses the important of new leadership paradigm in today’s financial system and the importance the growth of foreign banking and investment in the United States and abroad. The article provides approaches that would inspire and develop effective leadership within financial organizations (foreign and domestic banking activities among investments, competitiveness, and improving the financial industry).
Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition,
2014
University of Maryland Francis King Carey School of Law
Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition, Robert J. Rhee
Faculty Scholarship
Credit rating agencies are important institutions of the global capital markets. If they had performed properly, the financial crisis of 2008-2009 would not have occurred. This article offers the simplest fix proposed thus far, and it is contrarian. This Article accepts the central role of rating agencies in the regulation of bond investments, the realities of a duopoly, and the issuer-pay model of compensation. The status quo is the baseline. The role of regulation should be to create the conditions necessary to induce competition. This article proposes that a small, recurring portion of revenue earned by the largest rating agencies …
Deferred Prosecutions In The Corporate Sector: Lessons From Libor,
2014
Seattle University School of Law
Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon
Seattle University Law Review
Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It …
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds,
2014
Seattle University School of Law
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Seattle University Law Review
The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote greater …
