Rethinking Securities Law
«... another significant contribution to our understanding of this important area of law.»
Dennis A. Stubblefield
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. Les mer
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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.
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.
Detaljer
- Forlag
- Oxford University Press Inc
- Innbinding
- Innbundet
- Språk
- Engelsk
- ISBN
- 9780197583142
- Utgivelsesår
- 2021
- Format
- 16 x 25 cm
- Priser
- Award Winner in the Law Category of the 2021 Best Books Awards sponsored by American Book Fest null
Anmeldelser
«... another significant contribution to our understanding of this important area of law.»
Dennis A. Stubblefield
«Professor Marc Steinberg is the preeminent securities law authority of our generation. For decades, he has written an impressive and thorough body of work. Rethinking Securities Law adds much to that record and is a must read and a valuable resource for all policy-makers, practitioners and scholars in the field.»
Edward D. Herlihy, Partner, Wachtell, Lipton, Rosen & Katz
«For anyone who cares about strengthening capitalism, improving the efficiency of our capital markets, and protecting investors, Professor Marc Steinberg's creative and thought-provoking book Rethinking Securities Law is a must read!»
Harvey L. Pitt, CEO, Kalorama Partners, LLC; Former Chairman, Securities and Exchange Commission
«In Rethinking Securities Law, Professor Marc Steinberg has conceived of a new scheme of principles drawn from the current hodgepodge of securities regulation. By substantially enhancing the rules-based consolidation of six separate securities statutes advocated by the American Law Institute, Steinberg has formulated an ecosystem of fairness and excellence to sustain access and exchange in our capital markets.»
Ralph C. Ferrara, Partner, Proskauer Rose LLP; former General Counsel, Securities and Exchange Commi
«I applaud Professor Steinberg for this timely and momentous book. Securities litigation is in need of repair, and Rethinking Securities Law just may provide the jolt in the right direction that we need.»
Paul J. Geller, Founding Partner, Robbins Geller Rudman & Dowd LLP
«Professor Marc Steinberg's Rethinking Securities Law provides a timely roadmap to revamping the federal securities laws. The book makes an outstanding and insightful contribution to actions that should be undertaken to remedy the deficiencies that currently exist.»
Joel Seligman, Dean Emeritus and Professor, Washington University School of Law; President Emeritus
«Professor Marc Steinberg is one of our nation's preeminent authorities in the field of securities law with a lifetime of important contributions to this significant area of the law. Rethinking Securities Law may well be his most impressive accomplishment. This thought-provoking book is a must read for all lawyers, academics, judges, and policy-makers in this field.»
Gerald E. Rosen, federal district judge (ret.)
«Kudos to Professor Marc Steinberg for his incisive book Rethinking Securities Law. Professor Steinberg's fresh and insightful ideas for rethinking the regulatory scheme and the SEC's role in advancing it undoubtedly will spark spirited discussion among practitioners, academicians, and policymakers.»
Alan L. Dye, Partner, Hogan Lovells US LLP; coauthor, Section 16 Treatise
«Only someone with Professor Steinberg's qualifications could tackle the immense task of critically reviewing the almost century-long history of the federal Securities Act of 1933 and its 1934 companion, the Securities Exchange Act. And that review is not presented simply for the purpose of calling out these Acts' (and their administration's) failures of coverage, consistency, implementation, and increasing obsolescence. It also tackles the even more critical -- and difficult -- DDS task of offering a well-reasoned and sound set of reforms to redress those failures, and of providing the private and public sectors the comprehensive and manageable legal framework that companies, markets, and the public welfare today require and deserve. It may well become the go-to resource for judges, practitioners and academics who engage with these subjects.»
Richard M. Buxbaum, Jackson H. Ralston Professor of International Law (Emeritus), University of Cali
«Rethinking Securities Law highlights the duality of State regulation of corporate power structure and shareholders' rights, and the Federal securities laws regulation of sale, and trading of corporate securities. Securities markets and the Securities Exchange Regulator affect not only corporate shareholders, but the country's financial well-being, which this book highlights in a thoughtful, detailed, and convincing discussion. These issues should be re-examined and the sooner the better.»
Tamar Frankel, Professor of Law Emerita, Boston University Law School