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Private Equity Firms: Beyond Sec Registration As An Investment Adviser How To Build And Administer An Effective Compliance Program, Susan Mosher 2012 Foreside

Private Equity Firms: Beyond Sec Registration As An Investment Adviser How To Build And Administer An Effective Compliance Program, Susan Mosher

Michigan Business & Entrepreneurial Law Review

The Securities and Exchange Commission (the “SEC” or the “Commission”) recently adopted new rules and rule amendments under the Investment Advisers Act of 1940 (the “Advisers Act”) that serve to implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).1 The new rules and rule amendments under the Advisers Act relate to provisions of Title IV of the Dodd-Frank Act (the Private Fund Investment Advisers Registration Act of 2010) that, among other things, require certain private fund advisers and private equity firms to register with the Commission.2 This article is intended to assist ...


Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier 2012 University of Richmond

Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier

Richmond Public Interest Law Review

While the Governor approved H.B. 462, the mandatory ultrasound bill, H.B. 62, H.B. 1285, and S.B. 637 failed in the General Assembly.37 As introduced this 2012 session, H.B. 1 contained different bill language than the prior years it has been introduced. H.B. 62, H.B. 1285, and S.B. 637 were new bills, not seen in past years. An analysis and overview of these measures sheds light on the increasing attempts and the tactics used by legislators to undermine reproductive freedom.


The End Of The Internal Compliance World As We Know It, Or An Enhancement Of The Effectiveness Of Securities Law Enforcement? Bounty Hunting Under The Dodd-Frank Act's Whistleblower Provision, Justin Blount, Spencer Markel 2012 Fordham Law School

The End Of The Internal Compliance World As We Know It, Or An Enhancement Of The Effectiveness Of Securities Law Enforcement? Bounty Hunting Under The Dodd-Frank Act's Whistleblower Provision, Justin Blount, Spencer Markel

Fordham Journal of Corporate & Financial Law

In the wake of Bernard Madoff’s $65 billion Ponzi scheme and the recent economic crisis stemming largely from loosely regulated subprime lending and mortgage-backed securities, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act on July 21, 2010, signaling loudly and clearly that change is coming to Wall Street. But Wall Street is not the only one receiving a message. Buried deep within the 2,319 pages of the Dodd-Frank Act, companies can find Section 922, the whistleblower provision, which provides a bounty for whistleblowers who report securities violations to the Securities and Exchange Commission.These ...


Lessons From The Flash Crash For The Regulation Of High-Frequency Traders, Edgar Ortega Barrales 2012 Fordham Law School

Lessons From The Flash Crash For The Regulation Of High-Frequency Traders, Edgar Ortega Barrales

Fordham Journal of Corporate & Financial Law

Are equity markets vulnerable to a sudden collapse if the traders who account for about half of the volume have no regulatory obligations to stabilize prices? After the “Flash Crash” of May 6, 2010, policymakers have resoundingly answered this question in the affirmative. During the worst of the crash, some of the so-called high-frequency trading firms that dominate equity markets stopped trading and prices collapsed, momentarily wiping out almost $1 trillion in market value. In response, the U.S. Securities and Exchange Commission is considering whether high-frequency trading firms should be required to act as the traders of last resort ...


Distrust And Clarify: Appreciating Congressional Overrides, James J. Brudney 2012 Fordham University School of Law

Distrust And Clarify: Appreciating Congressional Overrides, James J. Brudney

Faculty Scholarship

Deborah Widiss continues to make important contributions in an area of statutory interpretation that has been largely neglected: the consequences of congressional overrides. Professor Widiss previously demonstrated how the Supreme Court and lower courts often confine the reach of statutes that purposefully override prior court decisions, thereby reviving aspects of the overridden judicial interpretations as ―shadow precedents.‖ In Undermining Congressional Overrides: The Hydra Problem in Statutory Interpretation, Professor Widiss addresses the Supreme Court‘s further expansion of judicial power in the aftermath of congressional disapproval. Faced with the override of its textual interpretation in one employment discrimination statute, the Court ...


The Politics Of Physical Education Reform, Ari Zyskind 2012 Claremont McKenna College

The Politics Of Physical Education Reform, Ari Zyskind

CMC Senior Theses

The purpose of the paper is to determine why today's youth are so physically inactive by examining the role and efforts of physical education, and the state and federal governments responsibility in supporting these programs, in fighting today's obesity epidemic by creating generations of healthy and physically active children. Research led to the determination that states have failed to maintain and improve physical education resulting in a physically inactive youth. Therefore, the nation should look to federal legislation to support state-led physical education, which this paper found to be constitutional if the enactments followed the provisions established in ...


Domestic Violence Lawmaking In Asia: Some Innovative Trends In Feminist Lawmaking, Rangita de Silva de Alwis 2012 University of Pennsylvania Law School

Domestic Violence Lawmaking In Asia: Some Innovative Trends In Feminist Lawmaking, Rangita De Silva De Alwis

Faculty Scholarship

Domestic violence lawmaking intersects global human rights norms and domestic women's movements. Domestic violence is both a global and local phenomenon. The World Bank argues that domestic violence accounts for one in five lost years in women aged 15-44. The costs range from direct expenses such as medical care and social services to productivity and labor market costs to the psychological toll imposed by the intergenerational transmission of violence. The international women's movement and the international human rights conventions have confirmed that violence in the home is neither a private issue nor a cultural practice. Domestic violence was ...


Cobra Subsidies: A Compelling Narrative Of Policy Impact On The Unemployed, Uninsured, Hannah N. Gregg 2012 Claremont McKenna College

Cobra Subsidies: A Compelling Narrative Of Policy Impact On The Unemployed, Uninsured, Hannah N. Gregg

CMC Senior Theses

This paper analyzes a 2009 U.S. policy which provided short term federal subsidies for COBRA health insurance premiums. COBRA allows the recently unemployed to continue purchasing health insurance through their employment-based insurance plan for a short time period after they become unemployed. Early analysis found low take-up rates for COBRA insurance due to the exceedingly high cost of full health insurance premiums, especially for those who have just lost a steady employment income. A short term 65 percent federal subsidy for COBRA insurance was implemented as a part of the American Recovery and Reinvestment Act in 2009. Subsidy policy ...


The Women's Health Amendment And Religious Freedom: Finding A Sufficient Compromise, Rebecca Hall 2012 University of Maryland Francis King Carey School of Law

The Women's Health Amendment And Religious Freedom: Finding A Sufficient Compromise, Rebecca Hall

Journal of Health Care Law and Policy

No abstract provided.


The Originalist Case Against Congressional Supermajority Voting Rules, Dan T. Coenen 2012 UGA School of Law

The Originalist Case Against Congressional Supermajority Voting Rules, Dan T. Coenen

Scholarly Works

Controversy over the Senate’s filibuster practice dominates modern discussion of American legislative government. With increasing frequency, commentators have urged that the upper chamber’s requirement of sixty votes to close debate on pending matters violates a majority-rulebased norm of constitutional law. Proponents of this view, however, tend to gloss over a more basic question: Does the Constitution’s Rules of Proceedings Clause permit the houses of Congress to adopt internal parliamentary requirements under which a bill is deemed “passed” only if it receives supermajority support? This question is important. Indeed, the House already has such a rule in place ...


Implementing State Growth Management Programs: Alternatives And Recommendations, 45 J. Marshall L. Rev. 307 (2012), Daniel R. Mandelker 2012 John Marshall Law School

Implementing State Growth Management Programs: Alternatives And Recommendations, 45 J. Marshall L. Rev. 307 (2012), Daniel R. Mandelker

The John Marshall Law Review

No abstract provided.


The Quiet Revolution And Federalism: Into The Future, 45 J. Marshall L. Rev. 253 (2012), Patricia E. Salkin 2012 John Marshall Law School

The Quiet Revolution And Federalism: Into The Future, 45 J. Marshall L. Rev. 253 (2012), Patricia E. Salkin

The John Marshall Law Review

No abstract provided.


The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou 2012 John Marshall Law School

The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou

The John Marshall Law Review

No abstract provided.


Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb 2012 John Marshall Law School

Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb

The John Marshall Law Review

No abstract provided.


Fair For Whom? Amazon Kindles The Fight Over Internet Sales Tax, 46 J. Marshall L. Rev. 357 (2012), Matthew Martin 2012 John Marshall Law School

Fair For Whom? Amazon Kindles The Fight Over Internet Sales Tax, 46 J. Marshall L. Rev. 357 (2012), Matthew Martin

The John Marshall Law Review

No abstract provided.


Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson 2012 John Marshall Law School

Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson

The John Marshall Law Review

No abstract provided.


Legal Affinities: Explorations In The Legal Form Of Thought, Patrick McKinley Brennan 2012 1567

Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan

Working Paper Series

This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.


The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman 2012 John Marshall Law School

The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman

The John Marshall Law Review

No abstract provided.


2011-2012 Legislative Summary, Assembly Committee on Higher Education 2012 Golden Gate University School of Law

2011-2012 Legislative Summary, Assembly Committee On Higher Education

California Assembly

No abstract provided.


Scaled Legislation And New Challenges In Statutory Interpretation, Jill M. Fraley 2012 Washington & Lee University School of Law

Scaled Legislation And New Challenges In Statutory Interpretation, Jill M. Fraley

Kentucky Law Journal

No abstract provided.


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