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Rethinking Securities Law (Hardcover)
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Rethinking Securities Law (Hardcover)
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The system of securities regulation that prevails today in the
United States is one that has been formed through piecemeal federal
legislation, Securities and Exchange Commission (SEC) invocation of
its administrative authority, and self-regulatory episodic action.
As a consequence, the presence of consistent and logical regulation
all too often is lacking. In both transactional and litigation
settings, with frequency, mandates apply that are erratic and
antithetical to sound public policy. This book focuses on
"rethinking" the securities laws, with particular emphasis on the
Securities Act and Securities Exchange Act. In 1978, the American
Law Institute (ALI) adopted the ALI Federal Securities Code. The
Code has not been enacted by Congress and its prospects are dim.
Since that time, no treatise, monograph, or other source
comprehensively has focused on this meritorious subject. The
objective of this book is to identify the deficiencies that exist
under the current regimen, address their failings, provide
recommendations for rectifying these deficiencies, and set forth a
thorough analysis for remediation in order to prescribe a
consistent and sound securities law framework. By undertaking this
challenge, the book provides an original and valuable resource for
effectuating necessary law reform that should prove beneficial to
the integrity of the U.S. capital markets, effective and fair
government and private enforcement, and the enhancement of investor
protection.
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