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The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel Jan 2016

The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel

Brooklyn Journal of Corporate, Financial & Commercial Law

Seventy-five years after its enactment the Investment Advisers Act of 1940 has advanced from a relatively weak statute merely registering advisers with the Securities and Exchange Commission (SEC) to a more robust law imposing fiduciary responsibilities on advisers. Over the years, the number of investment advisers and the number of their clients have increased greatly. The SEC therefore has been pressured by Congress to develop a harmonized fiduciary standard for broker-dealers and advisers and also to develop and enforce a greater degree of oversight over the advisory industry. These developments have raised the questions of how to fund such efforts …


Foreword: Perspectives On Mortgage Lending Regulation, Julia Patterson Forrester Rogers Jan 2016

Foreword: Perspectives On Mortgage Lending Regulation, Julia Patterson Forrester Rogers

SMU Law Review

In her short foreword to a symposium issue, the author discusses the Dodd-Frank Wall Street Reform and Consumer Protection Act enacted by Congress in 2010. She then introduces the symposium papers by professors Kathleen Engel, Christopher Odinet, and Steven Schwarcz, which examine the new regulatory framework created by Dodd-Frank from different points of view and consider other types of mortgage lending regulation, including regulation at the state and local levels and proposals for macroprudential regulation. Lastly, the author concludes that mortgage lending regulation promises to continue to be an important topic of discussion, because the bursting of a housing bubble …