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Securities Law

Federalism

Vanderbilt University Law School

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Full-Text Articles in Law

Federalism And Federalization On The Fintech Frontier, Brian Knight Jan 2017

Federalism And Federalization On The Fintech Frontier, Brian Knight

Vanderbilt Journal of Entertainment & Technology Law

The rise of financial technology (fintech) has the potential to provide better-quality financial services to more people. Although these enhanced financial services have arisen in order to meet consumer need, their regulatory status threatens that progress. Many fintech firms are regulated on a state-by-state basis even though their transactions are interstate, and they compete with firms that enjoy more consistent rules through federal preemption. This dynamic can harm efficiency, competitive equity, and political equity. This Article examines developments in marketplace lending, money transmission, and online sales of securities in an attempt to identify situations in which greater federalization of the …


State Enforcement Of National Policy: A Contextual Approach (With Evidence From The Securities Realm), Amanda Rose Jan 2013

State Enforcement Of National Policy: A Contextual Approach (With Evidence From The Securities Realm), Amanda Rose

Vanderbilt Law School Faculty Publications

This Article addresses a topic of contemporary public policy significance: the optimal allocation of law enforcement authority in our federalist system. Proponents of competitive federalism have long argued that assigning concurrent enforcement authority to states and the federal government can lead to redundant expense, policy distortion, and a loss of democratic accountability. A growing literature responds to these claims, trumpeting the benefits of concurrent state-federal enforcement - most notably the potential for state regulators to remedy under-enforcement by captured federal agencies. Both bodies of scholarship are right, but also incomplete. What is missing from this rather polarized debate is a …


The Multienforcer Approach To Securities Fraud Deterrence: A Critical Analysis, Amanda Rose Jan 2010

The Multienforcer Approach To Securities Fraud Deterrence: A Critical Analysis, Amanda Rose

Vanderbilt Law School Faculty Publications

Participants in the U.S. capital markets can be sued for securities fraud by a mishmash of enforcers, including the SEC, class action plaintiffs, and state regulators. Does this multi-enforcer approach make sense from a deterrence perspective? This Article suggests that the answer is probably no. Although in theory there are conditions under which a multi-enforcer approach would promote optimal deterrence, it is unclear at best that those conditions exist in the United States. And further empirical research, while warranted, is unlikely to resolve the issue definitively. The status quo tends to persevere in the face of this sort of irreducible …