The Advantage of Competitive Federalism for Securities Regulation

The Advantage of Competitive Federalism for Securities Regulation

Author: Roberta Romano

Publisher: American Enterprise Institute

Published: 2002

Total Pages: 316

ISBN-13: 9780844741734

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In this analysis of securities regulation, the author demonstrates that the current approach toward U.S. regulation - exclusive jurisdiction of the Securities and Exchange Commission - is misguided and should be revamped by implementing a regime of competitive federalism. Under such a system firms would select their regulator from among the states, the SEC, or other nations. The author asserts that competitive federalism harnesses the high-powered incentives of markets to the regulatory state to produce regulatory arrangements most compatible with investors' preferences. The author contends that the empirical evidence does not indicate that the SEC is effective in achieving its stated objectives. The commission's expansions of disclosure requirements over the years have not significantly enhanced investors' wealth. In addition, she asserts, evidence from institutional equity and debt markets and cross-country listing practices demonstrates that firms voluntarily disclose substantial information beyond mandatory requirements to provide the information investors demand. The author concludes that under competitive federalism, the aspects of the SEC's regime that are valuable to investors will be retained, those that are not will be discarded, and the resulting securities regime will better meet investors' needs than the present one.


Book Synopsis The Advantage of Competitive Federalism for Securities Regulation by : Roberta Romano

Download or read book The Advantage of Competitive Federalism for Securities Regulation written by Roberta Romano and published by American Enterprise Institute. This book was released on 2002 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this analysis of securities regulation, the author demonstrates that the current approach toward U.S. regulation - exclusive jurisdiction of the Securities and Exchange Commission - is misguided and should be revamped by implementing a regime of competitive federalism. Under such a system firms would select their regulator from among the states, the SEC, or other nations. The author asserts that competitive federalism harnesses the high-powered incentives of markets to the regulatory state to produce regulatory arrangements most compatible with investors' preferences. The author contends that the empirical evidence does not indicate that the SEC is effective in achieving its stated objectives. The commission's expansions of disclosure requirements over the years have not significantly enhanced investors' wealth. In addition, she asserts, evidence from institutional equity and debt markets and cross-country listing practices demonstrates that firms voluntarily disclose substantial information beyond mandatory requirements to provide the information investors demand. The author concludes that under competitive federalism, the aspects of the SEC's regime that are valuable to investors will be retained, those that are not will be discarded, and the resulting securities regime will better meet investors' needs than the present one.

Advantage of Competitive Federalism for Securities Regulation

Advantage of Competitive Federalism for Securities Regulation

Author: Roberta Romano

Publisher:

Published: 2001-08-31

Total Pages: 180

ISBN-13: 9780844741581

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This work argues that the production of US securities law should be subject to the same market forces that produce US corporate law. It questions fundamental beliefs regarding the efficacy of present-day securities regulation and calls for opening US securities regulation up to competition.


Book Synopsis Advantage of Competitive Federalism for Securities Regulation by : Roberta Romano

Download or read book Advantage of Competitive Federalism for Securities Regulation written by Roberta Romano and published by . This book was released on 2001-08-31 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work argues that the production of US securities law should be subject to the same market forces that produce US corporate law. It questions fundamental beliefs regarding the efficacy of present-day securities regulation and calls for opening US securities regulation up to competition.

Empowering Investors

Empowering Investors

Author: Roberta Romano

Publisher:

Published: 2001

Total Pages:

ISBN-13:

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This Article contends that the current legislative approach to securities regulation is mistaken. It advocates a market-oriented approach of competitive federalism that would expand the role of the states in securities regulation and would fundamentally reconceptualize the regulatory scheme. Under a system of competitive federalism for securities regulation, only one sovereign will have jurisdiction over all transactions in the securities of a corporation that involve the issuer or its agents and investors: the sovereign chosen by the issuer from among the federal government, the fifty states, or foreign nations. The aim is to replicate for the securities setting the benefits produced by state competition for corporate charters -- a responsive legal regime that has tended to maximize share value. As a competitive legal market supplants a monopolist federal agency in the fashioning of regulation, it will produce rules more aligned with the preferences of investors, whose decisions drive the capital market. Competitive federalism for U.S. securities regulation also has important implications for international securities regulation. The jurisdictional principle applicable to domestic securities transactions is equally applicable: Foreign issuers selling shares in the United States would be able to opt out of the federal securities laws and choose the law of another nation, such as their country of incorporation, or of a U.S. state, to govern those U.S. transactions.


Book Synopsis Empowering Investors by : Roberta Romano

Download or read book Empowering Investors written by Roberta Romano and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article contends that the current legislative approach to securities regulation is mistaken. It advocates a market-oriented approach of competitive federalism that would expand the role of the states in securities regulation and would fundamentally reconceptualize the regulatory scheme. Under a system of competitive federalism for securities regulation, only one sovereign will have jurisdiction over all transactions in the securities of a corporation that involve the issuer or its agents and investors: the sovereign chosen by the issuer from among the federal government, the fifty states, or foreign nations. The aim is to replicate for the securities setting the benefits produced by state competition for corporate charters -- a responsive legal regime that has tended to maximize share value. As a competitive legal market supplants a monopolist federal agency in the fashioning of regulation, it will produce rules more aligned with the preferences of investors, whose decisions drive the capital market. Competitive federalism for U.S. securities regulation also has important implications for international securities regulation. The jurisdictional principle applicable to domestic securities transactions is equally applicable: Foreign issuers selling shares in the United States would be able to opt out of the federal securities laws and choose the law of another nation, such as their country of incorporation, or of a U.S. state, to govern those U.S. transactions.

American Government 3e

American Government 3e

Author: Glen Krutz

Publisher:

Published: 2023-05-12

Total Pages: 0

ISBN-13: 9781738998470

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Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.


Book Synopsis American Government 3e by : Glen Krutz

Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

Political Competition and Economic Regulation

Political Competition and Economic Regulation

Author: Peter Bernholz

Publisher: Routledge

Published: 2007-06-07

Total Pages: 294

ISBN-13: 1134086563

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Using case studies from the US, Canada, Germany and Switzerland as well as the European Union and the global economy, this is the first book of its kind to examine historical evidence on how competition among states or the lack of it affects regulation, especially labour market regulation.


Book Synopsis Political Competition and Economic Regulation by : Peter Bernholz

Download or read book Political Competition and Economic Regulation written by Peter Bernholz and published by Routledge. This book was released on 2007-06-07 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using case studies from the US, Canada, Germany and Switzerland as well as the European Union and the global economy, this is the first book of its kind to examine historical evidence on how competition among states or the lack of it affects regulation, especially labour market regulation.

EU Prospectus Law

EU Prospectus Law

Author: Pierre Schammo

Publisher: Cambridge University Press

Published: 2011-05-19

Total Pages: 415

ISBN-13: 1139496328

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Pierre Schammo provides a detailed analysis of EU prospectus law (and the 2010 amendments to the Prospectus Directive) and assesses the new rules governing the European Securities and Markets Authority, including the case law on the delegation of powers to regulatory agencies. In a departure from previous work on securities regulation, the focus is on EU decision-making in the securities field. He examines the EU's approach to prospectus disclosure enforcement and its implementation at Member State level and breaks new ground on regulatory competition in the securities field by providing a 'law-in-context' analysis of the negotiations of the Prospectus Directive.


Book Synopsis EU Prospectus Law by : Pierre Schammo

Download or read book EU Prospectus Law written by Pierre Schammo and published by Cambridge University Press. This book was released on 2011-05-19 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pierre Schammo provides a detailed analysis of EU prospectus law (and the 2010 amendments to the Prospectus Directive) and assesses the new rules governing the European Securities and Markets Authority, including the case law on the delegation of powers to regulatory agencies. In a departure from previous work on securities regulation, the focus is on EU decision-making in the securities field. He examines the EU's approach to prospectus disclosure enforcement and its implementation at Member State level and breaks new ground on regulatory competition in the securities field by providing a 'law-in-context' analysis of the negotiations of the Prospectus Directive.

The Politics of Major Policy Reform in Postwar America

The Politics of Major Policy Reform in Postwar America

Author: Jeffery A. Jenkins

Publisher: Cambridge University Press

Published: 2014-10-31

Total Pages: 333

ISBN-13: 1316165116

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The Politics of Major Policy Reform in Postwar America examines the politics of recent landmark policy in areas such as homeland security, civil rights, health care, immigration and trade, and it does so within a broad theoretical and historical context. By considering the politics of major programmatic reforms in the United States since the Second World War - specifically, courses of action aimed at dealing with perceived public problems - a group of distinguished scholars sheds light not only on significant efforts to ameliorate widely recognized ills in domestic and foreign affairs but also on systemic developments in American politics and government. In sum, this volume provides a comprehensive understanding of how major policy breakthroughs are achieved, stifled, or compromised in a political system conventionally understood as resistant to major change.


Book Synopsis The Politics of Major Policy Reform in Postwar America by : Jeffery A. Jenkins

Download or read book The Politics of Major Policy Reform in Postwar America written by Jeffery A. Jenkins and published by Cambridge University Press. This book was released on 2014-10-31 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Major Policy Reform in Postwar America examines the politics of recent landmark policy in areas such as homeland security, civil rights, health care, immigration and trade, and it does so within a broad theoretical and historical context. By considering the politics of major programmatic reforms in the United States since the Second World War - specifically, courses of action aimed at dealing with perceived public problems - a group of distinguished scholars sheds light not only on significant efforts to ameliorate widely recognized ills in domestic and foreign affairs but also on systemic developments in American politics and government. In sum, this volume provides a comprehensive understanding of how major policy breakthroughs are achieved, stifled, or compromised in a political system conventionally understood as resistant to major change.

Democratic Federalism

Democratic Federalism

Author: Robert Inman

Publisher: Princeton University Press

Published: 2020-06-02

Total Pages: 448

ISBN-13: 0691202125

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Introduction -- Part I. The institutions of democratic federalism -- Economic federalism -- Cooperative federalism -- Democratic federalism : the national legislature -- Democratic federalism : the safeguards -- Part II. Encouraging the federal conversation -- FIST : having the federal dialogue -- Fiscal policy in the federal union -- Regulation in the federal union -- Part III. On becoming federal -- The European Union : federal governance at the crossroads -- Mandela's federal democracy : a fragile compact -- Epilogue.


Book Synopsis Democratic Federalism by : Robert Inman

Download or read book Democratic Federalism written by Robert Inman and published by Princeton University Press. This book was released on 2020-06-02 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Part I. The institutions of democratic federalism -- Economic federalism -- Cooperative federalism -- Democratic federalism : the national legislature -- Democratic federalism : the safeguards -- Part II. Encouraging the federal conversation -- FIST : having the federal dialogue -- Fiscal policy in the federal union -- Regulation in the federal union -- Part III. On becoming federal -- The European Union : federal governance at the crossroads -- Mandela's federal democracy : a fragile compact -- Epilogue.

Competition Laws in Conflict

Competition Laws in Conflict

Author: Richard Allen Epstein

Publisher: American Enterprise Institute

Published: 2004

Total Pages: 428

ISBN-13: 9780844742014

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Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.


Book Synopsis Competition Laws in Conflict by : Richard Allen Epstein

Download or read book Competition Laws in Conflict written by Richard Allen Epstein and published by American Enterprise Institute. This book was released on 2004 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.

Economic Law as an Economic Good

Economic Law as an Economic Good

Author: Karl Matthias Meessen

Publisher: sellier. european law publ.

Published: 2009

Total Pages: 435

ISBN-13: 3866531168

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Governments, or at least the clever ones among them, are aware of the factors guiding business activities. In the course of adopting and enforcing economic legislation, they seek to attract business activities in order to increase national income (and fiscal revenues), generate employment opportunities, and, very generally, please voters. Hence economic law may be considered an economic good, as suggested by the title of this book. That function, which most rules of economic law have in the competition of systems, was strengthened by the worldwide liberalization of trade. Today, it is of greater significance than ever before. Lawyers, economists, academics, and practitioners, from inside and outside Germany, have taken a look at the facts and have discussed approaches to conceptualizing them. The resulting 30 essays, collected in this volume, contribute to the interpretation of existing, and the making of new, economic law.


Book Synopsis Economic Law as an Economic Good by : Karl Matthias Meessen

Download or read book Economic Law as an Economic Good written by Karl Matthias Meessen and published by sellier. european law publ.. This book was released on 2009 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governments, or at least the clever ones among them, are aware of the factors guiding business activities. In the course of adopting and enforcing economic legislation, they seek to attract business activities in order to increase national income (and fiscal revenues), generate employment opportunities, and, very generally, please voters. Hence economic law may be considered an economic good, as suggested by the title of this book. That function, which most rules of economic law have in the competition of systems, was strengthened by the worldwide liberalization of trade. Today, it is of greater significance than ever before. Lawyers, economists, academics, and practitioners, from inside and outside Germany, have taken a look at the facts and have discussed approaches to conceptualizing them. The resulting 30 essays, collected in this volume, contribute to the interpretation of existing, and the making of new, economic law.