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Full-Text Articles in Law
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …
Unfit For Duty: The Officer And Director Bar As A Remedy For Fraud, Renee Jones
Unfit For Duty: The Officer And Director Bar As A Remedy For Fraud, Renee Jones
Renee Jones
Many commentators have questioned the efficacy of the SEC’s enforcement program in the aftermath of the 2008 financial crisis. Some criticize the agency for allowing corporate defendants to settle charges without admitting or denying liability. Others dispute the impact of astronomical fines levied against too-big-to-fail financial institutions. Still others urge prosecutors to bring criminal charges against those who led the failed financial firms to ruin. This Article, written for a symposium on SEC enforcement, focuses attention on an underutilized weapon in the SEC’s arsenal: the power to bar officers and directors of public companies from future service in such roles. …
Dynamic Federalism: Competition, Cooperation And Securities Enforcement, Renee M. Jones
Dynamic Federalism: Competition, Cooperation And Securities Enforcement, Renee M. Jones
Renee Jones
The concept of competition between the federal government and the states was central to the framers’ vision of our constitutional structure. In the framers’ view, federal-state regulatory competition ensured an alternative regime to citizens dissatisfied with the dominant regulator’s performance. Recently, the dynamics of federalism have shifted power in the securities enforcement field from the SEC to certain state securities regulators. The states, rather than the SEC, have led enforcement efforts in the Wall Street analyst conflicts and the mutual fund trading investigations. This shift in authority has prompted renewed debate over whether a uniform national system of securities regulation …
Sarbanes-Oxley's Insight: The Role Of Distrust, Renee Jones
Sarbanes-Oxley's Insight: The Role Of Distrust, Renee Jones
Renee Jones
No abstract provided.
The Sarbanes-Oxley Act Of 2002: A Primer, Renee Jones
The Sarbanes-Oxley Act Of 2002: A Primer, Renee Jones
Renee Jones
No abstract provided.