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Institutionalization, Investment Adviser Regulation, And The Hedge Fund Problem, Anita K. Krug

UC Law Journal

This Article contends that more effective regulation of investment advisers could be achieved by recognizing that the growth of hedge funds, private equity funds, and other private funds in recent decades is a manifestation of institutionalization in the investment advisory context. That is, investment advisers today commonly advise these “institutions,” which have supplanted other, smaller investors as advisory clients. However, the federal securities statute governing investment advisers, the Investment Advisers Act of 1940, does not address the role of private funds as institutions that now intermediate those smaller investors’ relationships to investment advisers. Consistent with that failure, investment adviser regulation …

An Examination Of The Fraudulent Factors Associated With Corporate Fraud, Ronald Zmuda

HIM 1990-2015

Between the years 1998 and 2002, the United States suffered a time in which several large companies engaged in fraudulent behavior which eroded investor confidence in the stock market and to some extent destabilized the economy. Audits, which were conducted to assess the validity and reliability of a company's financial statements, were not detecting the material misstatements in the statements. As a result, both the US Government and the accounting profession needed to come up with a way to prevent these immense frauds from occurring in the future. As a response to these large frauds, in 2002, the US Government …

An Original Take On Originalism, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The argument that Professor Orin Kerr proffers in An Equilibrium-Adjustment Theory of the Fourth Amendment' is simple: Fourth Amendment law ought to be structured to ensure that the balance of power between government and citizenry remains constant. This equilibrium-adjustment theory is elegant and, because it rests on a relatively "neutral" historical foundation, might be attractive to judges and scholars from different perspectives. Contrary to Kerr's assertion, however, it does not easily explain many of the Court's cases, nor does it help address the most difficult Fourth Amendment issues facing the Court today. The historical foundations on which it rests are …

How To Navigate Public Accounting Recruitment, Jill Heather Aoki

Undergraduate Honors Capstone Projects

For many accounting graduates, public accounting is an excellent place to start a career. However, recruitment at accounting firms is highly competitive. The majority of personnel are hired through internships, and competition for these positions is fierce. The process usually spans over multiple years and involves participating in leadership seminars, attending social events, and much more in addition to interviewing. Successful placement requires not only exceptional academic achievements but also strong relationships with personnel at the firm. One primary differentiator among the numerous public accounting firms is their people and culture. Other factors include local clients and specializations. Thus, candidates …

Do Not Track Me Online: The Logistical Struggles Over The Right "To Be Let Alone" Online, Stephanie A. Kuhlmann

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Risk Factors For Fraud In Elderly Americans, Antonia M. Jensen

Regis University Student Publications (comprehensive collection)

Americans over age 65 comprise approximately one eighth of our population, but about one third of scam victims. The risk of fraud in this population is of particular concern because it is increasing and the damage is greater; losses have been reported in billions of dollars, and elders typically cannot return to the work force to recoup their losses, which can amount to their life savings and even their independence. This project details the results of an unobtrusive research project consisting of a content analysis of more current literature to identify and examine risk factors of elder fraud.

Improving The Culture Of Ethical Behavior In The Financial Sector: Time To Expressly Provide For Private Enforcement Against Aiders And Abettors Of Securities Fraud, Mark Klock

Dickinson Law Review (1908-2003)

Financial markets do not function well when fraud is pervasive. It has been well documented that financial fraud has increased following changes in securities law that occurred in the 1990's. Also around September of 2009, the investigations into the SEC examinations of Bernard Madoff Investment Securities, LLC were completed and released to the public. The simple facts reveal an alarming level of incompetence and lack offinancial literacy on the part of the guardians of the integrity of our financial markets. I suggest two important tools for addressing these problems. One is to supplement enforcement of anti-fraud rules with more private …

Board Reputation And Financial Reporting Quality, Dan Segal

Research Collection School Of Accountancy

This study uses a new measure of board reputation that is based on the market value of other companies on which board members serve, and examines whether board reputation has a causal effect on monitoring as reflected in financial statement reporting quality. A negative causal effect is expected if reputable directors are ineffective monitors because they are too busy or they choose to cater to management, whereas a positive causal effect is expected if reputable directors are more experienced and subject to significant reputation penalties in the case of a financial reporting failure. An alternative explanation is that reputation does …

Philippine Deposit Insurance Corporation Annual Report 2010, Philippines: Deposit Insurance Corporation (Pdic)

Documents

No abstract provided.

A Comparative Analysis Of Effective School Board Leadership: The Case Of Gwinnett County And Atlanta City Public Schools, Joshua Allen Garner

Dissertations, Theses and Capstone Projects (Full IR Collection)

A quality education is essential in determining the success of future generations. All too often K-12 school systems fail to meet the expectations of success held by students, parents, and the community. On the other hand, there are school systems that surpass expectations of success held by stake holders of the school system. Exemplifying this phenomenon is the case of Atlanta Public Schools, who were placed on probation by the accreditation agency, the Southern Association of Colleges and Schools, and the case of Gwinnett County Public Schools, who were awarded the 2010 Broad Award for minority student achievement (Torres 2011) …

Improving The Culture Of Ethical Behavior In The Financial Sector: Time To Expressly Provide For Private Enforcement Against Aiders And Abbettors Of Securities Fraud, Mark Klock

Penn State Law Review (2003 - Present)

No abstract provided.

The Agency Problem, Corporate Governance, And The Asymmetrical Behavior Of Selling, General, And Administrative Costs, Hai Lu, Hai Lu, Theodore Sougiannis

Research Collection School Of Accountancy

Selling, general, and administrative (SG&A) costs represent a significant proportion of thecosts of business operations. On average, the SG&A costs to total assets ratio is 27 percent,compared to the research and development (R&D) to total assets ratio of 3 percent(Banker, Huang, and Natarajan 2011). Due to the importance of SG&A costs, practitionerspay close attention to controlling SG&A spending. Understanding SG&A cost behaviorand the role of managers in adjusting the costs is thus important to researchers andpractitioners. Recent empirical research indicates that SG&A costs behave asymmetrically,that is, they increase more rapidly when demand increases than they decline when demanddecreases (Anderson, Banker, …

The George-Anne, Georgia Southern University

The George-Anne

• GSU Considers Legal Action Against Athens Christian
• Views
• Event Makes Model Dorm Room go 'Up in Flames'
• Ogeechee River Contamination Causes Injuries
• Arts
• Bliss Berry Serves up Froyo and Fun with Style
• 'Medium Anxiety' Creates a Contrast of Media Arts
• Classifieds
• Puzzles/ Comics
• Sports

The George-Anne, Georgia Southern University

The George-Anne

• Eagles #1 in Nation
• Views
• Arts
• Classifieds
• Puzzles/ Comics
• Sports

When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's … Constitutional?, Harvey Gilmore

Buffalo Public Interest Law Journal

No abstract provided.

Generational Differences Of Personal Values Of Business Students, Don E. Giacomino, Jill Brown, Michael D. Akers

Accounting Faculty Research and Publications

This paper examines the values and value systems of business students from a private mid-western university using the Rokeach Value Survey and the Musser and Orke Typology of Personal Values. The findings of this study are compared with the results of studies in the latter part of the 1990’s and early 2000 in order to provide some insights regarding generational differences. There is evidence of changes in several individual variables during the past decade. For example, the value with the greatest change is National Security. Students in 2010 place more importance on this value than did the students in 1998. …

Post Racialism?, André Douglas Pond Cummings

Law Faculty Scholarship

The 2008 election of President Barack Obama represents a halcyon moment in U.S. history. President Obama’s election begs a critical question: whether his nationwide landslide victory catapulted the United States, with its sordid racial past, into a truly post-racial place as many claim. While Obama’s election was possible due to important changes that have taken place in the United States in the past fifty years, the reality is that profound disparities continue to exist between minority and white Americans that show no sign of dissipating during this Obama presidency. Of these profound disparities, some of the most striking include those …

Economic Terror: Market Manifestations Of Terror Attacks, Richard V. Rodriguez

American University National Security Law Brief

No abstract provided.

The Criminalization Of Immigration And The International Norm Of Non-Discrimination: Deportation And Detention In U.S. Immigration Law, Barbara A. Frey, X. Kevin Zhao

Minnesota Journal of Law & Inequality

No abstract provided.

When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan

Washington and Lee Law Review

No abstract provided.

Fraud On The Market: An Action Without A Cause, Amanda Rose

Vanderbilt Law School Faculty Publications

This is a response to William W. Bratton & Michael L. Wachter, The Political Economy of Fraud on the Market, 160 U. PA. L. REV. 69 (2011). Bratton and Wachter argue that fraud-on-the-market class actions (FOTM) should be eliminated and replaced with stepped-up public enforcement efforts targeted at individual wrongdoers (rather than the corporate enterprise, the FOTM target of choice). In this Response, I do not disagree: My own scholarship has similarly emphasized the benefits of shifting away from FOTM to greater reliance on public enforcement mechanisms. Instead, I take the opportunity to elaborate on the deterrence and corporate governance …

Sarbanes-Oxley And Corporate Greed, Adria L. Stigliano

Honors Scholar Theses

The Sarbanes-Oxley Act is still a relatively new federal law set forth by the Securities Exchange Commission in 2002. Since its implementation, individuals have been wondering if Sarbanes-Oxley is effective enough and doing what it is meant to do – catch and prevent future accounting frauds and scandals. With the use of closer and stricter rules, the SOA is trying to prevent frauds with the use of a created Public Company Accounting Oversight Board. Most importantly, however, it was created to protect the investors from self-interested managers, so as to not have repeats of the Enron, WorldCom and Tyco International …

Fdic 2010 Annual Report, Management's Discussion And Analysis, United States: Federal Deposit Insurance Corporation (Fdic)

Documents

No abstract provided.

Internet Voting, Security, And Privacy, Jeremy Epstein

William & Mary Bill of Rights Journal

No abstract provided.

Finding Equilibrium: Exploring Due Process Violations In The Whistleblower Provisions Of The Fraud Enforecement And Recovery Act Of 2009, Laura Hough

William & Mary Bill of Rights Journal

No abstract provided.

Government Financial Management, Strategy For Preventing Corruption In Indonesia, Haryono Umar

The South East Asian Journal of Management

In popular view, the term accountability generally refers to a wide spectrum of public expectations dealing with organizational performance, responsiveness, good governance, and even morality of government and nonprofit organizations. These expectations often include implicit performance criteria – related to obligations and responsibilities – that are subjectively interpreted and sometimes even contradictory. And in this broader conception of accountability, the range of people and institutions to whom public and nonprofit organizations must account include not only higher authorities in the institutional chain of command but also the general public, the news media, peer agencies, donors, and many other stakeholders (Kearns, …

The New Hampshire, Vol. 100 [101], No. 47 (Apr. 22, 2011), The New Hampshire

The New Hampshire Print Edition

An independent student produced newspaper from the University of New Hampshire. This volume was printed as 100, but it is the 101st volume in the series. This was corrected in pencil.

The Grizzly, April 14, 2011, Katie Callahan, Jessica Long, Sara Sherr, Lisa Jobe, Sara Hourwitz, Allison Nichols, Sarah Bollert, Katie Haldeman, Joshua C. Walsh, Kyu Chul Shin, Anna Larouche

Ursinus College Grizzly Newspaper, 1978 to Present

Ursinus Enjoys Sixth Annual CoSA Event • Students Participate in 30 Hour Famine • Haverford Professor Guest Lectures on Physics Theory • Dr. Ruth Rosenberg Speaks on Holocaust Remembrance • Ursinus Welcomes Patti Smith • Tips on Surviving and Salvaging Bad Internships • Hypnotist Brings Laughs • How to Avoid Allergy Season • Linking Up with LinkedIn • Internship Spotlight: Lindsay Budnick • Opinions: Response to Article "Segregation in the 21st Century"; Verizon's DroidX-R2D2 has Cool Features But is Not for Me; President Obama Sends CIA Agents to Libya • How Far Ursinus Goes to Keep Students Safe on Main …

The Criminal Class Action, Adam S. Zimmerman, David Jaros

All Faculty Scholarship

Over the past ten years, in a variety of high-profile corporate scandals, prosecutors have sought billions of dollars in restitution for crimes ranging from environmental dumping and consumer scams to financial fraud. In what we call “criminal class action” settlements, prosecutors distribute that money to groups of victims as in a civil class action while continuing to pursue the traditional criminal justice goals of retribution and deterrence.

Unlike civil class actions, however, the emerging criminal class action lacks critical safeguards for victims entitled to compensation. While prosecutors are encouraged, and even required by statute, to seek victim restitution, they lack …

Daily Eastern News: March 04, 2011, Eastern Illinois University

March

No abstract provided.