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President Of North American Securities Administrators Association, Crawford Testimony Before The Fcic, Denise Voigt Crawford

Documents

No abstract provided.

The Murray Ledger And Times, January 14, 2010, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

An Analysis Of The Teaching Aids Provided For Sunday School Teachers In The Church Of Jesus Christ Of Latter-Day Saints, Kevin Douglas Whitehead

Theses and Dissertations

Teaching is, and always has been, important in the work of The Church of Jesus Christ of Latter-day Saints. As one of the auxiliaries of the Church, the Sunday School has made an ongoing effort to provide effective teaching aids for its teachers in order to improve instruction in the Church. This work documents and examines change in principles of gospel teaching over the course of a century. By comparing teaching aids provided for Gospel Doctrine teachers in different time periods with guidelines found in the scriptures and words of modern prophets this work seeks to increase understanding of themes …

Reframing And Reforming The Securities And Exchange Commission: Lessons From Literature On Change Leadership, Joan Macleod Heminway

Scholarly Works

As a reaction to perceived and actual regulatory failures at the Securities and Exchange Commission (the SEC), from mistakes that contributed to the financial crisis to the Bernard Madoff affair, the SEC has been engaged in an operational transformation process. The growing literature on management and leadership in times of change -- change leadership literature -- offers a number of potentially valuable lenses through which we may assess reform at the SEC.

With the thought that securities regulators and others may learn valuable lessons about the SEC’s restructuring and reorganization from experts in change leadership, this Article explores a selected …

Changing Legitimacy Narratives About Professional Ethics And Independence In The 1930'S Journal Of Accountancy, Diane Roberts

Accounting Historians Journal

The 1930s in the U.S. were marked by an economic crisis, governmental regulatory response, and a significant audit failure. This paper examines the profession's struggle for legitimacy during these times through its choice of narratives regarding professional ethics and independence as revealed in the national professional organization's monthly, the Journal of Accountancy. Initially ethics is a state-of-mind or narrative of character was used but transitioned to a more objectively determinable narrative of technique as the decade progressed. To counter governmental regulation, the profession attempted to shift the independence discourse away from regulation of accountants to regulation of client companies.

The Best Of Times, The Worst Of Times: Securities Regulation Scholarship And Teaching In The Global Financial Crisis, Joan Macleod Heminway

Scholarly Works

This short piece is an annotated version of remarks that I gave to introduce a roundtable discussion on securities regulation scholarship at the University of Maryland School of Law program on “Corporate Governance and Securities Law Responses to the Financial Crisis” held on April 17, 2009. The piece represents my current thoughts about what it is like to teach, research, and write in the area of securities regulation. Ultimately, the message I deliver is a positive one; there is much opportunity for securities regulation teachers and scholars in an environment like the one we have been wrestling with since at …

Tao Of Downfall: The Failures Of High-Profile Entrepreneurs In The Chinese Economic Reform, Wenxian Zhang, Ilan Alon

Faculty Publications

Through historical reviews and case studies, this research seeks to understand why some initially successful entrepreneurs failed in the economic boom of past decades. Among various factors contributed to their downfalls are a unique political and business environment, fragile financial systems, traditional cultural influences and personal characteristics. Notwithstanding that these factors should be further tested through empirical studies, those high-profile entrepreneurs are oblivious but essential actors in the grand theatre of China's economic transformation and their failures have contributed to the swift development of the Chinese entrepreneurship over the last 30 years.

Fee-For-Disservice: Medicare Fraud In The Home Healthcare Industry, Brooke Benzio

Annals of Health Law and Life Sciences

No abstract provided.

Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010), Richard G. Kunkel

UIC John Marshall Journal of Information Technology & Privacy Law

“Spyware” is a broad term used to describe software that resides on a user’s computer and monitors the user’s online behavior. Though spyware may be helpful or benign, it can also be used for malicious purposes, commonly classified as “malware”. Consumers, who lack sophistication to avoid unintentionally downloading spyware, are especially vulnerable to the threat of malware. In lieu of this threat, it is important to understand the nature and scope of spyware problems affecting consumers. The paper will discuss how common law tort theories of trespass and trespass to chattel are difficult to apply to spyware, and how a …

Forfeiture And Restitution In The Federal Criminalsystem: The Conflict Of Victims’ Rights And Government Interests, Scott Jones

American University Criminal Law Brief

No abstract provided.

Lying And Getting Caught: An Empirical Study Of The Effect Of Securities Class Action Settlements On Targeted Firms, James D. Cox, Lynn Bai, Randall S. Thomas

Faculty Scholarship

The ongoing Great Recession has triggered numerous proposals to improve the regulation of financial markets and, most importantly, the regulation of organizations such as credit rating agencies, underwriters, hedge funds, and banks, whose behavior is believed to have caused the credit crisis that spawned the economic collapse. Not surprisingly, some of the reform efforts seek to strengthen the use of private litigation. Private suits have long been championed as a necessary mechanism not only to compensate investors for harms they suffer from financial frauds but also to enhance deterrence of wrongdoing. However, in recent years there has been a chorus …

Concerning A Supplemental Appropriation To The Department Of Regulatory Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Justiciability, Adequacy, Advocacy, And The "American Dream", R. Craig Wood

Kentucky Law Journal

No abstract provided.

It's Deja Vu All Over Again: Using Bounty Hunters To Leverage Gatekeeper Duties, Tom Arnold

Tulsa Law Review

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Reframing And Reforming The Securities And Exchange Commission: Lessons From Literature On Change Leadership, Joan Mcleod Heminway

Villanova Law Review (1956 - )

The article discusses the lessons learned from the restructuring of the U.S. Securities and Exchange Commission (SEC) under the Sarbanes-Oxley Act. The strengths and weakness of the SEC reform measures are highlighted. Key reform proposals stemming from the global financial crisis and reform efforts being undertaken as of the spring of 2010 include overhauling or abolishing the SEC, managing the SEC through the Federal Reserve or the Department of the Treasury, and combining the SEC with the Commodity Futures Trading Commission (CFTC).

The Best Of Times, The Worst Of Times: Securities Regulation Scholarship And Teaching In The Global Financial Crisis, Joan Macleod Heminway

Journal of Business & Technology Law

No abstract provided.

The Voices Of Victims: Debating The Appropriate Role Of Fraud Victim Allocution Under The Crime Victims' Rights Act, Julie Kaster

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

India's Corporate Governance Voluntary Guidelines 2009: Rhetoric Or Reality, Umakanth Varottil

National Law School of India Review

In the aftermath of recent episodes (such as the accounting fraud at Satyam) that have tested the efficacy of corporate governance norms in India, the Government has adopted a cautious approach to reforms with a view to avoiding a knee-jerk reaction. Change to existing norms has come forth in the form of the Corporate Governance Voluntary Guidelines, 2009 [hereinafter "the Guidelines"], a set of good practices that may be voluntarily adopted by Companies. This article examines, primarily on two counts, the response of the Government of india to governance scandals through the issue of the Guidelines. First, it evaluates the …

Federal Law Enforcement In The Home Mortgage Lending Market Enhanced By The "Fraud Enforcement And Recovery Act Of 2009", Nicholas Mccann

Loyola Consumer Law Review

No abstract provided.

State Of Utah V. Larry Bosh And D. Shawn Benson : Addendum To Appellee's Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

AN INTERLOCUTORY APPEAL FROM AN ORDER GRANTING INTERVENOR/APPELLEE'S INTERVENTION INTO A PRESERVATION OF ASSETS ACTION BROUGHT BY PLAINTIFF/APPELLANT PURSUANT TO § 77-38a-601, UTAH CODE ANNOTATED 2010, IN THE FOURTH JUDICIAL DISTRICT OF UTAH, UTAH COUNTY, THE HONORABLE FRED D. HOWARD PRESUMING.

Saying What They Mean: The False Claims Act Amendments In The Wake Of Allison Engine, Jeremy E. Gersh

Journal of Business & Technology Law

No abstract provided.

Mapping The American Shareholder Litigation Experience: A Survey Of Empirical Studies Of The Enforcement Of The U.S. Securities Law, James D. Cox, Randall S. Thomas

Faculty Scholarship

In this paper, we provide an overview of the most significant empirical research that has been conducted in recent years on the public and private enforcement of the federal securities laws. The existing studies of the U.S. enforcement system provide a rich tapestry for assessing the value of enforcement, both private and public, as well as market penalties for fraudulent financial reporting practices. The relevance of the U.S. experience is made broader by the introduction through the PSLRA in late 1995 of new procedures for the conduct of private suits and the numerous efforts to evaluate the effects of those …

Essays On Corporate Governance, Tih Koon Tan

Electronic Theses and Dissertations

This dissertation is composed by two essays that explore corporate governance issues in S&P firms. The first essay examines changes in corporate governance after a firm gets added to the S&P 500 index? Using firms added from 1994 to 2007, this paper examines how governance mechanisms change for these firms. Specifically, I look at both the overall governance and details on how each mechanism changes. I find that governance improves after being added to the index. Controlling for firm size, leverage, prior firm performance, and growth opportunities, the market reacts positively to governance improvements as a whole. In addition, changes …

Hedge Fund Fraud And The Public Good, Lydie N.C. Pierre-Louis

Fordham Journal of Corporate & Financial Law

The current financial crisis resonates with every American, regardless of their connection to the securities markets. Many struggle to understand how and why the American financial and securities markets collapsed last year. In essence, why did the regulators fail to prevent the collapse? Government officials continue to analyze the relationship between the structural collapse of the markets and regulators' limited jurisdiction over a class of entities whose transactions substantially impact the markets: hedge funds. Congress can no longer deny hedge funds' detrimental impact on the financial and securities markets. The impetus for financial re-regulation has arrived. It is incumbent upon …

The Correlation Between Financial Fraud And Economic Downturn, Karen Alyse Hyink

Theses

Throughout the 20th century, researchers studied financial fraud in order to better understand the factors, motives and environments that increase the occurrences of fraud. By studying these historical trends, modern governmental agencies and public organizations are able to more effectively detect and prevent financial fraud.

Economic climate directly influences the occurrence of fraud; specifically, it is during periods of economic downturn when organizations are more vulnerable to fraudulent attacks. While it has always been assumed that recessionary periods lead to an increase in fraudulent activities, the direct correlation between the two has been greatly understudied by researchers. This thesis is …

Resolving The Continuing Controversy Regarding Confidential Informants In Private Securities Fraud Litigation., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

The Unjustified Judicial Creation Of Class Certification Merits Trials In Securities Fraud Actions, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

Lessons Learned From The Lehman Bankruptcy, Kimberly Summe

Documents

This document is a chapter out of the "Ending Government Bailouts As We Know Them", which highlights the perils of relying bailouts to bring about financial stability and offers other solutions to obtain that overarching objective.

Debtor Counsel's Fiduciary Duty: Is There A Duty To Rat In Chapter 11?, Nancy B. Rapoport, C. R. Bowles

Scholarly Works

This article discusses what duties counsel to the debtor-in-possession owe (and to whom they owe these duties) when the debtor-in-possession wants to do something illegal or just plain dumb.