Title: Kindle (online PDF) Rethinking Securities Law
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3Rethinking Securities Law
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4Description
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.
5Rethinking Securities Law