The SEC and the Public Interest


Book Description

An insightful look at the changing role and reputation of the Securities Exchange Commission since its foundation in 1934.




The SEC and the Public Interest


Book Description

An insightful look at the changing role and reputation of the Securities Exchange Commission since its foundation in 1934.




The Myth of Protecting the Public Interest


Book Description

Protecting the public interest is at the core of federal securities laws. To protect the public interest is the mission of the Securities and Exchange Commission and its raison d'être. At least, that is what the public is encouraged to believe.Protecting the public interest in Federal securities laws has been blindly accepted without questioning basic assumption that the purpose of securities laws is to protect the public interest. However, a recent analysis of the Securities and Exchange Act of 1934 (“'34 Act”) has shown that protecting the public interest in the '34 Act is a myth and that it is not the public interest, or even investors' interests, that the '34 Act was primarily intended to protect, but the market interest.Contrary to popular belief protecting investors' interests is not the primary purpose of the securities laws, and protecting investors' interests is merely derivative of the primary purpose -- protecting the market interest -- and protecting the public interest is non-existent. As the Supreme Court has recently commented, “The magnitude of the federal interest in protecting the integrity and efficiency of the national securities market cannot be overstated.”Recognizing the true purpose of federal securities laws and the reasons for creating the Securities and Exchange Commission (“Commission” or “SEC”) provides a greater understanding of the policy underlying the decisions (including rule-making and enforcement actions) of the SEC. It changes the nature of discourse concerning the best type of regulatory regime.




Regulation and Public Interests


Book Description

Not since the 1960s have U.S. politicians, Republican or Democrat, campaigned on platforms defending big government, much less the use of regulation to help solve social ills. And since the late 1970s, "deregulation" has become perhaps the most ubiquitous political catchword of all. This book takes on the critics of government regulation. Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests. Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups. This book thus provides a qualified defense of regulatory government. Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's "roadless" policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.




Going Public: My Adventures Inside the SEC and How to Prevent the Next Devastating Crisis


Book Description

An insider’s look at the SEC and the changes needed to strengthen the U.S. financial system In 2008, Americans were reeling from the devastating financial crisis that caused the Great Recession. There were searing questions about how the crisis was allowed to happen and calls for immediate reform from Capital Hill, the news media, and the general public. Multiple scandals sent real fear through the investing community and brought unprecedented heat on the Securities and Exchange Commission (SEC). There was little doubt that the SEC had to fix rules that permitted bad behavior, shake off decades of complacency and enforce existing laws. Wall Street lawyer Norm Champ spent nearly 20 years dealing with the SEC on behalf of his clients and as an industry representative working to educate the agency about hedge funds. Believing he could help reform the deeply-flawed agency, Champ left his career in the private sector and joined the SEC. As Director of the Division of Investment Management, he became a key player in stabilizing trillions of dollars of investor capital while reenergizing the SEC’s culture and management. In Going Public, Champ presents a rare, insider’s look at how the SEC operates and explains exactly how the agency impacts the overall economic health of the country. He examines the inner workings of hedge funds, economic policy and politics, investing, and inefficient and frustrating federal agencies. Engrossing and important, this book offers critical recommendations for policy changes that will create healthy, free-functioning markets and help Americans better prepare for the inevitable next crisis.







Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Enforcement Manual


Book Description




Irreconcilable Differences? The FASB's Conceptual Framework and the Public Interest


Book Description

It has been shown that protecting and serving the public interest in public accounting is a myth. It has also recently been demonstrated that protecting and serving the public interest by the Securities and Exchange Commission is not the primary, or even secondary, mission of the SEC. Finally, it has been proven that is not the mission of the FASB to serve the public interest. Recently, the FASB has revised its “Conceptual Framework.” The FASB's Conceptual Framework is “intended to serve the public interest by providing structure and direction to financial accounting and reporting to facilitate the provision of unbiased financial and related information [which] helps capital and other markets to function efficiently in allocating scarce resources in the economy and society” (emphasis added) However, since it is not the mission of either the FAF (Financial Accounting Foundation, the parent of the FASB), or the FASB to serve the public interest, whether the FASB's Conceptual Framework can serve the public interest as intended, or whether the Conceptual Framework is incompatible with the public interest is questionable.This paper explores the question of whether the Conceptual Framework is compatible with the public interest. The question is important to consider because if the Conceptual Framework cannot serve the public interest as intended, then it may be necessary to revise the Conceptual Framework in order to achieve its intended purpose of serving the public interest.This is the working paper version.