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Articles 1 - 12 of 12
Full-Text Articles in Law
Implications Of Reputation Economics On Regulatory Reform Of The Credit Rating Industry, Paul Lasell Bonewitz
Implications Of Reputation Economics On Regulatory Reform Of The Credit Rating Industry, Paul Lasell Bonewitz
William & Mary Business Law Review
Credit rating agencies have for years averred that they would never intentionally issue or maintain inaccurate ratings due to the damage their reputation, and therefore their business, would suffer as a result. The reputation of credit rating agencies perhaps never suffered more than when thousands of structured debt securities proved to hold inflated ratings during the run-up to the credit crisis. Yet credit rating agencies remain as ingrained as ever in the global financial system. What is more, congressional testimony shows that credit rating agencies had the ability to rate more accurately, but intentionally failed to do so. Therefore, credit …
Betting The Farm: The Tic Turf War And Why Tics Constitute Investment Contracts Under Federal Securities Laws, David Rich
William & Mary Business Law Review
No abstract provided.
Fair Value Accounting: Friend Or Foe?, Ian E. Scott
Fair Value Accounting: Friend Or Foe?, Ian E. Scott
William & Mary Business Law Review
No abstract provided.
Free Enterprise And The Rule Of Law: The Political Economy Of Executive Discretion (Efficiency Implications Of Regulatory Enforcement Strategies), Kevin S. Marshall
Free Enterprise And The Rule Of Law: The Political Economy Of Executive Discretion (Efficiency Implications Of Regulatory Enforcement Strategies), Kevin S. Marshall
William & Mary Business Law Review
Economic theory teaches that if all of the operational conditions of the perfectly competitive model hold, then certain efficiencies may be achieved to the favor of a wealth-seeking society, ceteris paribus (assuming all other things remain equal and/or the absence of all other disturbing influences). This Article observes the asymmetrical enforcement of relevant governing laws, regulations and rules eliminates any possibility that all other influences with respect to the performance values of the perfectly competitive model have been neutralized. Under such regulatory enforcement conditions, there can be no wealth-creation expectations.
Does Sarbanes-Oxley Protect Whistleblowers? The Recent Experience Of Companies And Whistleblowing Workers Under Sox, Megan E. Mowrey, L. Stephen Cash, Thomas L. Dickens
Does Sarbanes-Oxley Protect Whistleblowers? The Recent Experience Of Companies And Whistleblowing Workers Under Sox, Megan E. Mowrey, L. Stephen Cash, Thomas L. Dickens
William & Mary Business Law Review
The Sarbanes Oxley Act of 2002 (SOX) attempts to prevent fraud in the business activities of public companies. SOX includes regulations designed to protect whistleblowing employees that may be triggered if workers allege fraudulent activity by their employers, and, in response, their employers retaliate. This Essay discusses the strength of the whistleblowing protection provided by SOX, the conduct covered by the SOX whistleblower provisions, and specifically the application of the law by the courts
Re-Enchanting The Corporation, Lyman P.Q. Johnson
Re-Enchanting The Corporation, Lyman P.Q. Johnson
William & Mary Business Law Review
No abstract provided.
Subverting Rule 56? Mcdonnell Douglas, White V. Baxter Healthcare Corp., And The Mess Of Summary Judgement In Mixed-Motive Cases, Christopher J. Emden
Subverting Rule 56? Mcdonnell Douglas, White V. Baxter Healthcare Corp., And The Mess Of Summary Judgement In Mixed-Motive Cases, Christopher J. Emden
William & Mary Business Law Review
No abstract provided.
Removal Of Covered Class Actions Under Slusa: The Failure Of Plain Meaning And Legislative Intent As Interpretative Devices, And The Supreme Court's Decisive Solution, J. Tyler Butts
William & Mary Business Law Review
No abstract provided.
The Illegal Actions Of The Federal Reserve: An Analysis Of How The Nation's Central Bank Has Acted Outside The Law In Responding To The Current Financial Crisis, Chad Emerson
William & Mary Business Law Review
No abstract provided.
Beyond Shareholder Value: Normative Standards For Sustainable Corporate Governance, Robert Sprague
Beyond Shareholder Value: Normative Standards For Sustainable Corporate Governance, Robert Sprague
William & Mary Business Law Review
This Article explores whether the modern corporate governance model is sustainable. For many corporations, particularly large ones, there is a separation between ownership and management, with a management emphasis on short-term gains at the expense of long-term sustainability. This Article explores the role of corporate directors, particularly vis-a-vis shareholders, from an interdisciplinary perspective, analyzing legal case law as well as legal, management, and finance literature. This Article explores emerging trends in expanding notions of corporate governance that incorporate concerns beyond just shareholders, recognizing the interrelationship between business and society. It is suggested that in order to remain viable and competitive, …
The Need For A Negligence Standard Of Care For Credit Rating Agencies, Rachel Jones
The Need For A Negligence Standard Of Care For Credit Rating Agencies, Rachel Jones
William & Mary Business Law Review
No abstract provided.
Buyer Cartels Versus Buying Groups: Legal Distinctions, Competitve Realities, And Antitrust Policy, Peter C. Carstensen
Buyer Cartels Versus Buying Groups: Legal Distinctions, Competitve Realities, And Antitrust Policy, Peter C. Carstensen
William & Mary Business Law Review
The existence and exploitation of buyer power is emerging as an important concern for antitrust as the public enforcement of antitrust law itself is re-emerging as part of the renewed recognition that markets require rules in order to operate efficiently and in socially desirable ways. Buyer cartels are per se illegal but buying groups are subject to the "rule of reason" in antitrust law; yet, the two types of activity are hard to distinguish in a variety of circumstances. Moreover, neither courts nor commentators have provided very satisfactory explanations and justifications for the "per se'" and "rule of reason" results. …