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Full-Text Articles in Law
Developing Governance And Regulation For Emerging Capital And Securities Markets, Ali A. Ibrahim
Developing Governance And Regulation For Emerging Capital And Securities Markets, Ali A. Ibrahim
Georgetown Law Graduate Paper Series
No abstract provided.
Convergence Of Corporate Governance And Islamic Financial Services Industry: Toward Islamic Financial Services Securities Market, Ali A. Ibrahim
Convergence Of Corporate Governance And Islamic Financial Services Industry: Toward Islamic Financial Services Securities Market, Ali A. Ibrahim
Georgetown Law Graduate Paper Series
This paper briefly discusses the significance of corporate governance for the Islamic financial services industry. Furthermore, it predicts that the Islamic financial services industry is likely to converge to modern governance practices. The paper also argues that the industry needs to have a homogenous and specialized regional securities market to realize its true potential.
Federalism In Corporate/Securities Law: Reflections On Delaware, California, And State Regulation Of Insider Trading, Donald C. Langevoort
Federalism In Corporate/Securities Law: Reflections On Delaware, California, And State Regulation Of Insider Trading, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
In this brief Essay, I offer some thoughts on both the theory and the politics underlying the federalism question. My comments will touch on some of the controversies and also look at a somewhat quieter question, the state regulation of insider trading. Over the course of the last few years, judges in California and Delaware have traveled markedly different routes on questions involving the states' role in regulating insider trading. A California court of appeal has recently expanded the reach of the state insider trading statute to cover a claim alleging misconduct in California by an executive of a Delaware …
Internal Controls After Sarbanes-Oxley: Revisiting Corporate Law's "Duty Of Care As Responsibility For Systems", Donald C. Langevoort
Internal Controls After Sarbanes-Oxley: Revisiting Corporate Law's "Duty Of Care As Responsibility For Systems", Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
Revisiting section 3.4.2 of Clark's Corporate Law ('Duty of Care as Responsibility for Systems") reminds us, however, that the internal controls story actually goes back many decades, and that many of the strategic issues that are at the heart of section 404 have long been contentious. My Article will briefly update Clark's account through the late 1980s and 1990s before returning to Sarbanes-Oxley and rulemaking thereunder by the SEC and the newly created Public Company Accounting Oversight Board ("PCAOB"). My main point builds on one of Clark's but digs deeper. Internal controls requirements, whether federal or state, are incoherent unless …
Reflections On Scienter (And The Securities Fraud Case Against Martha Stewart That Never Happened), Donald C. Langevoort
Reflections On Scienter (And The Securities Fraud Case Against Martha Stewart That Never Happened), Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
This paper considers what research in cognitive psychology and behavioral economics has to say about one of the basic "state of mind" constructs in the law of fraud: scienter. It takes a clinical approach, examining the securities fraud case that never happened against Martha Stewart. In granting a judgment of acquittal in Stewart's favor on the securities fraud charge, the court seemingly misunderstood the law of scienter, which turns on awareness rather than purpose. But that simply provides an opportunity to think about what awareness means in the context of financial transactions. From publicly available sources, interesting inferences can be …