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Resurrecting Deference To The Securities And Exchange Commission: Mark Cuban Trading On Inside Information, Steven J. Cleveland
Resurrecting Deference To The Securities And Exchange Commission: Mark Cuban Trading On Inside Information, Steven J. Cleveland
Florida Law Review
By applying the Supreme Court‘s administrative law jurisprudence to the examination of the validity of Rule 10b5-2(b)(1)—a rule recently adopted by the Securities and Exchange Commission (Commission)—this Article fills a significant gap in the existing literature. To date, commentators have argued against the rule‘s validity by applying the Supreme Court‘s securities law jurisprudence without considering the role of administrative law—despite the Court‘s comments that the pertinent statute is ambiguous, despite express delegation of rulemaking authority by Congress to the Commission, and despite developments in administrative law subsequent to the Court‘s relevant securities law decisions. By not considering the role of …
Corporate Governance: The Sweedish Solution, Geroge W. Dent Jr
Corporate Governance: The Sweedish Solution, Geroge W. Dent Jr
Florida Law Review
The optimal allocation of authority among executives, directors, and shareholders of public companies has been debated as long as there have been public companies, and the issue now seems further from resolution than ever. In recent years Sweden has changed its corporate governance system by delegating the nomination of corporate directors (and thus, in effect, ultimate control) to committees typically comprising representatives of each company’s largest shareholders. This system gives shareholders a degree of power “that only the most daring corporate governance initiatives in the rest of the world could even imagine.”1 The change is a big success—it has pleased …