From Incongruity To Cooperative Federalism
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From Incongruity To Cooperative Federalism
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Author : Reza Dibadj
language : en
Publisher:
Release Date : 2010
From Incongruity To Cooperative Federalism written by Reza Dibadj and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The conventional wisdom has been that state law governs internal affairs, and federal law governs disclosure. This reassuring construct, however, has little basis in today's reality. Left alone, states have not provided adequate shareholder protections: state securities laws were historically anemic, and the regulatory reach of state corporate law shrank under a prevailing contractarian ethos. As consequence, beginning in 1933, federal securities laws emerged to regulate many internal affairs. Curiously, however, as federal regulation has grown and become increasingly preemptive over the past decade, it has often decreased shareholder protections. As a consequence, some states have recently reversed course, using newly energized state securities laws to pursue fraud. The responsibility for regulating the relationship between corporations and their shareholders has thus descended into a welter of confusion. Neither dual federalism nor preemptive federalism has been satisfactory.In order to begin overcoming this morass, the article draws on new research in the theory of economic regulation. In particular, it proposes that the relationship between corporations and their shareholders operate within the framework of cooperative federalism using a reverse-Erie framework. The federal government would set minimal shareholder protections, but leave implementation and the creation of enhanced standards largely to the states. The article concludes by addressing a number of constitutional issues cooperative federalism might raise, including the creation of federal common law by state instrumentalities, as well as possible non-delegation and anti-commandeering concerns.
Regulation Of Money Managers
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Author : Tamar Frankel
language : en
Publisher: Wolters Kluwer
Release Date : 2015-09-16
Regulation Of Money Managers written by Tamar Frankel and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-16 with Law categories.
The Regulation of Money Managers (with the original subtitle: The Investment Company Act and The Investment Advisers Act) was published in 1978 and 1980. The Second Edition, subtitled Mutual Funds and Advisers, was published in 2001 and has been annually updated since then. It is a comprehensive and exhaustive treatise on investment management regulation. The treatise covers federal and state statutes, their legislative history, common law, judicial decisions, rules and regulations of the Securities and Exchange Commission, staff reports, and other publications dealing with investment advisers and investment companies. The treatise touches on other financial institutions such as banks, insurance companies, and pension funds. The work also discusses the economic, business, and theoretical aspects of the investment management industry and their effects on the law and on policy. The treatise contains detailed analysis of the history and development of the Investment Company Act and the Investment Advisers Act. It examines the definitions in the Acts, including the concept of ‘‘investment adviser,’’ ‘‘affiliates,’’ and ‘‘interested persons.’’ It outlines the duties of investment company directors, the independent directors, and other fiduciaries of investment companies. The treatise deals with the SEC’s enforcement powers and private parties’ rights of action.
Rescuing Regulation
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Author : Reza R. Dibadj
language : en
Publisher: State University of New York Press
Release Date : 2012-02-01
Rescuing Regulation written by Reza R. Dibadj and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Law categories.
The traditional debate on governmental regulation has run its course, with economically minded analysts pointing to regulation's inefficiency while those focused on justice purposefully avoid the economic paradigm to defend regulation's role in protecting consumers, workers, and society's disadvantaged. In Rescuing Regulation, Reza R. Dibadj challenges both camps. He squarely addresses the shortcomings of the conventional economic critique that portrays regulation as a waste, and also confronts those focused on justice to marshal economic arguments for public intervention against social inequities and abusive market behavior. Providing novel answers to the questions of why and how to regulate, Dibadj contends that the law and economics paradigm must not remain an apologist for laissez-faire public policy. He also demonstrates how incorporating the latest economics and revamping institutions can help improve our public agencies. Rescuing Regulation not only suggests ways to develop public institutions reflective of a democracy, but also broadly outlines how social science can inform normative legal discourse.
Federalism
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Author : Anthony J. Bellia Jr.
language : en
Publisher: Aspen Publishing
Release Date : 2017-01-10
Federalism written by Anthony J. Bellia Jr. and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-10 with Law categories.
This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject. Features: Considers federalism questions across subject areas Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure Enables fuller and richer treatment of the subject of federalism Includes primary historical and theoretical sources relating to legal development and enduring questions Increases understanding of constitutional doctrine and fosters interdisciplinary learning Presents foundational materials useful for a range of courses on federalism
Ten Years Of Federalism Reform In Germany
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Author : Nathalie Behnke
language : en
Publisher: Routledge
Release Date : 2018-12-07
Ten Years Of Federalism Reform In Germany written by Nathalie Behnke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Political Science categories.
This book investigates the politics of federalism reform in Germany which has spanned over more than a decade. Different from reform attempts in other federal countries, the German reform was split up in three distinct steps: an adjustment of legislative powers between the federal and the state level, followed by the introduction of the ‘debt brake’; and, finally, the reform of fiscal equalization. Against the background of this sequential reform, this book not only discusses the effects of single reform steps, but also examines the results and inconsistencies of the overall reform process and reconsiders its cumulated effects. The contributions collected in this volume cover a broad range of reform aspects, among them historical aspects, the role of party politics, changes in the legislative process, and the resurgence of joint decision-making. All chapters contribute to the theoretical framework which sheds a fresh view on the dynamics of federalism reforms. The chapters originally published in a special issue of Regional and Federal Studies.
Creative Federalism
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Author : United States. Congress. Senate. Government Operations
language : en
Publisher:
Release Date : 1967
Creative Federalism written by United States. Congress. Senate. Government Operations and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with categories.
Creative Federalism
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Author : United States. Congress. Senate. Committee on Government Operations. Subcommittee on Intergovernmental Relations
language : en
Publisher:
Release Date : 1967
Creative Federalism written by United States. Congress. Senate. Committee on Government Operations. Subcommittee on Intergovernmental Relations and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Central-local government relations categories.
Considers. S. 3509, to establish National Intergovernmental Affairs Council to help coordinate Federal-state-local administration and funding of grants-in-aid social and economic programs. S.J. Res. 187, to establish Advisory Commission on Intergovernmental Relations to study and report on Federal-state-local coordination and funding of social/economic programs.
Minnesota Law Review
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Author :
language : en
Publisher:
Release Date : 2008-04
Minnesota Law Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04 with Electronic journals categories.
Tensions Of American Federal Democracy
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Author : Jared Sonnicksen
language : en
Publisher: Routledge
Release Date : 2022-03-01
Tensions Of American Federal Democracy written by Jared Sonnicksen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-01 with Political Science categories.
Tensions of American Federal Democracy uses an original analytical framework combined with comparative perspectives – including those of other modern federal democracies – to explore the jigsaw puzzle that is the state of American federal democracy. The USA has a complex political system prone to "divided government", which has become highly polarized in recent years. The reasons for this extend further and deeper than party diversification or rising populism. This book provides an original contribution encompassing the US polity and its overall development. The author explores how the US constitution has predisposed branches and levels of government to multiple forms of separation of power and constituency; and how developments in democratic and federal government over time have fostered more competition, diffusion, and decoupling, despite earlier trends to more cross-branch and cross-level cooperation. The book thus addresses a multifaceted inquiry, interrogating and conceptualizing the connections between institutions, ideas, and political development, while exploring the interlinkage between the institutional parameters of multidimensional division of powers, constitutional political ideas and their contestation, and the limitation of the state in the US federal democratic system. This book will appeal to students and scholars of political science, American government and constitutional politics, federalism, comparative politics, and political theory.
Carnivalization Of Politics
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Author : Raymond N. Morris
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 1995
Carnivalization Of Politics written by Raymond N. Morris and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Art categories.
Focusing on English-French relations and attitudes towards the United Kingdom, France, and the rest of Canada, Raymond Morris explores recurrent themes in the works of Quebec's most popular francophone and anglophone political cartoonists - Aislin (Terry Mosher), Berthio (Roland Berthiaume), Pierre Dupras, and Jean-Pierre Girerd.