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Perelman, M. (2007). Some Economics of Class. in M. Yates (Ed.), More
Perelman, M. (2007). Some economics of class. In M. Yates (ed.), More unequal: Aspects of class in the United States. New York: Monthly Review Press. How much more will be required before the U.S. public awakes from its political slumber? Tepid action in the workplace, the voting booth, and the streets have allowed the right wing to steamroll revolutionary changes that have remade the entire sociopolitical structure of the United States. Since the election of Franklin Roosevelt in 1932, every Democratic administration with the exception of Lyndon Johnson's has been more conservative—often far more conservative—than the previous Democratic administration. Similarly, every elected Republican administration, with the single exception of George Herbert Walker Bush's, has been more conservative than the previous Republican administration. The deterioration in the distribution of income is a symptom of a far larger problem. Perhaps formulating the situation in the United States might help people understand their class interests as well as reveal who has benefited from the right-wing revolution. Critics of Marx have long taken pleasure in claiming that the rise of the middle class in the United States and other advanced capitalist economies disproves Marx's "predictions" of the course of capitalism. In recent decades, however, the distribution of income in the United States is coming to resemble that of many poor Latin American economies, with a shrinking middle class and an obscene share of wealth going to the richest members of society. Although proponents of the U.S. model pretend that recent economic trends represent a success, in truth they are signs of capitalism's failure. -
Understanding Enron: "It's About Gatekeepers, Stupid"
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2002 Understanding Enron: "It's about Gatekeepers, Stupid" John C. Coffee Jr. Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Banking and Finance Law Commons, Business Organizations Law Commons, and the Law and Economics Commons Recommended Citation John C. Coffee Jr., Understanding Enron: "It's about Gatekeepers, Stupid", 57 BUS. LAW. 1403 (2002). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2117 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Understanding Enron: "It's About the Gatekeepers, Stupid" By John C. Coffee, Jr* What do we know after Enron's implosion that we did not know before it? The conventional wisdom is that the Enron debacle reveals basic weaknesses in our contemporary system of corporate governance.' Perhaps, this is so, but where is the weakness located? Under what circumstances will critical systems fail? Major debacles of historical dimensions-and Enron is surely that-tend to produce an excess of explanations. In Enron's case, the firm's strange failure is becoming a virtual Rorschach test in which each commentator can see evidence confirming 2 what he or she already believed. Nonetheless, the problem with viewing Enron as an indication of any systematic governance failure is that its core facts are maddeningly unique. -
Systemic Risk Through Securitization: the Result of Deregulation and Regulatory Failure
Revised Feb. 9, 2009 Systemic Risk Through Securitization: The Result of Deregulation and Regulatory Failure by Patricia A. McCoy, * Andrey D. Pavlov, † and Susan M. Wachter ‡ Abstract This paper argues that private-label securitization without regulation is unsustainable. Without regulation, securitization allowed mortgage industry actors to gain fees and to put off risks. During the housing boom, the ability to pass off risk allowed lenders and securitizers to compete for market share by lowering their lending standards, which activated more borrowing. Lenders who did not join in the easing of lending standards were crowded out of the market. In theory, market controls in the form of risk pricing could have constrained heightened mortgage risk without additional regulation. But in reality, as the mortgages underlying securities became more exposed to growing default risk, investors did not receive higher rates of return. Artificially low risk premia caused the asset price of houses to go up, leading to an asset bubble and creating a breeding ground for market fraud. The consequences of lax lending were covered up and there was no immediate failure to discipline the markets. The market might have corrected this problem if investors had been able to express their negative views by short selling mortgage-backed securities, thereby allowing fundamental market value to be achieved. However, the one instrument that could have been used to short sell mortgage-backed securities – the credit default swap – was also infected with underpricing due to lack of minimum capital requirements and regulation to facilitate transparent pricing. As a result, there was no opportunity for short selling in the private-label securitization market. -
The Role of Government Affordable Housing Policy in Creating the Global Financial Crisis of 2008 STAFF REPORT U.S
U.S. House of Representatives Committee on Oversight and Government Reform Darrell Issa (CA-49), Ranking Member The Role of Government Affordable Housing Policy in Creating the Global Financial Crisis of 2008 STAFF REPORT U.S. HOUSE OF REPRESENTATIVES 111TH CONGRESS COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM ORIGINALLY RELEASED JULY 1, 2009 * UPDATED MAY 12, 2010 INTRODUCTION The housing bubble that burst in 2007 and led to a financial crisis can be traced back to federal government intervention in the U.S. housing market intended to help provide homeownership opportunities for more Americans. This intervention began with two government-backed corporations, Fannie Mae and Freddie Mac, which privatized their profits but socialized their risks, creating powerful incentives for them to act recklessly and exposing taxpayers to tremendous losses. Government intervention also created “affordable” but dangerous lending policies which encouraged lower down payments, looser underwriting standards and higher leverage. Finally, government intervention created a nexus of vested interests – politicians, lenders and lobbyists – who profited from the “affordable” housing market and acted to kill reforms. In the short run, this government intervention was successful in its stated goal – raising the national homeownership rate. However, the ultimate effect was to create a mortgage tsunami that wrought devastation on the American people and economy. While government intervention was not the sole cause of the financial crisis, its role was significant and has received too little attention. In recent months it has been impossible to watch a television news program without seeing a Member of Congress or an Administration official put forward a new recovery proposal or engage in the public flogging of a financial company official whose poor decisions, and perhaps greed, resulted in huge losses and great suffering. -
After the Meltdown
Tulsa Law Review Volume 45 Issue 3 Regulation and Recession: Causes, Effects, and Solutions for Financial Crises Spring 2010 After the Meltdown Daniel J. Morrissey Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Daniel J. Morrissey, After the Meltdown, 45 Tulsa L. Rev. 393 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol45/iss3/2 This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Morrissey: After the Meltdown AFTER THE MELTDOWN Daniel J. Morrissey* We will not go back to the days of reckless behavior and unchecked excess that was at the heart of this crisis, where too many were motivated only by the appetite for quick kills and bloated bonuses. -President Barack Obamal The window of opportunityfor reform will not be open for long .... -Princeton Economist Hyun Song Shin 2 I. INTRODUCTION: THE MELTDOWN A. How it Happened One year after the financial markets collapsed, President Obama served notice on Wall Street that society would no longer tolerate the corrupt business practices that had almost destroyed the world's economy. 3 In "an era of rapacious capitalists and heedless self-indulgence," 4 an "ingenious elite" 5 set up a credit regime based on improvident * A.B., J.D., Georgetown University; Professor and Former Dean, Gonzaga University School of Law. This article is dedicated to Professor Tom Holland, a committed legal educator and a great friend to the author. -
A Business Lawyer's Bibliography: Books Every Dealmaker Should Read
585 A Business Lawyer’s Bibliography: Books Every Dealmaker Should Read Robert C. Illig Introduction There exists today in America’s libraries and bookstores a superb if underappreciated resource for those interested in teaching or learning about business law. Academic historians and contemporary financial journalists have amassed a huge and varied collection of books that tell the story of how, why and for whom our modern business world operates. For those not currently on the front line of legal practice, these books offer a quick and meaningful way in. They help the reader obtain something not included in the typical three-year tour of the law school classroom—a sense of the context of our practice. Although the typical law school curriculum places an appropriately heavy emphasis on theory and doctrine, the importance of a solid grounding in context should not be underestimated. The best business lawyers provide not only legal analysis and deal execution. We offer wisdom and counsel. When we cast ourselves in the role of technocrats, as Ronald Gilson would have us do, we allow our advice to be defined downward and ultimately commoditized.1 Yet the best of us strive to be much more than legal engineers, and our advice much more than a mere commodity. When we master context, we rise to the level of counselors—purveyors of judgment, caution and insight. The question, then, for young attorneys or those who lack experience in a particular field is how best to attain the prudence and judgment that are the promise of our profession. For some, insight is gained through youthful immersion in a family business or other enterprise or experience. -
Economic Principals \273 Blog Archive \273 a Normal Professor
Economic Principals » Blog Archive » A Normal Professor http://www.economicprincipals.com/issues/2008.06.01/320.html Home June 1, 2008 David Warsh, Proprietor About Archives previous | contents | next Books A Normal Professor Receive the Bulldog Edition Perhaps, now that Harvard’s Russia scandal is receding into the past, Andrei Shleifer, 47, will take it easy. He has a steady stream of students, presides over a growing literature in comparative economics, and has developed an interesting sideline in the economics of persuasion. His wife, Nancy Zimmerman , runs a hedge fund that has seen explosive growth, today managing more than $3 billion for institutional clients; together the pair, through their start-ups, may have Economic Blogosphere amassed net worth of $40 million or more. (A columnist for Economics Portfolio magazine’s website subsequently estimated that Roundtable the figure may be closer to $1 bullion.) Their children are Economists View growing, his energetic parents live nearby, he superintends a steady stream of visitors to his villa in the south of France, and he keeps a hand in with developments in Russia. Economic Journalists For example, when Anders Aslund , of Washington’s Peterson Allan Sloan institute for International Economics, was in Cambridge, Amity Shlaes Mass. last winter, to celebrate the publication of How Andrew Leonard Capitalism Was Built: The Transformation of Central and Binyamin Appelbaum Eastern Europe, Russia, and Central Asia and Russia’s Bruce Bartlett Capitalist Revolution: Why Market Reform Succeeded and Carl Bialik Democracy Failed , Shleifer, the author of A Normal Catherine Rampell Country: Russia After Communism , threw a party for him at Charles Duhigg his spacious home on unpaved Bracebridge Road in suburban Christopher Caldwell Newton. -
EE2004 Report
$6.00 Executive Excess 2004 Campaign Contributions, Outsourcing, Unexpensed Stock Options and Rising CEO Pay 11th Annual CEO Compensation Survey If there was justice in the world... “Sorry, the Board is outsourcing your job to a guy in India who’ll be a CEO for a tenth of your salary.” Reprinted with permission from the Seattle Post-Intelligencer. First published June 13, 2003. All rights reserved. Sarah Anderson and John Cavanagh, Institute for Policy Studies Chris Hartman, Scott Klinger, and Stacey Chan, United for a Fair Economy Research Assistance: Jon Minton, Nikki de la Rosa August 31, 2004 IPS About the Authors Sarah Anderson is the Director of the Institute for Policy Studies’ Global Economy Project. John Cavanagh is the Director of the Institute for Policy Studies. Chris Hartman is Research Director at United for a Fair Economy. Scott Klinger is Corporate Accountability Coordinator at United for a Fair Economy. Stacey Chan is pursuing degrees in Mathematics and Economics at Brandeis University. The Institute for Policy Studies is an independent center for progressive research and education founded in Washington, DC in 1963. IPS scholar- activists are dedicated to providing politicians, journalists, academics and activists with exciting policy ideas that can make real change possible. United for a Fair Economy is a national, independent, nonpartisan, 501(c)(3) non-profit organization. UFE raises awareness that concentrated wealth and power undermine the economy, corrupt democracy, deepen the racial divide, and tear communities apart. We support and help build social movements for greater equality. © 2004 Institute for Policy Studies and United for a Fair Economy For additional copies of this report, send $6.00 plus $3.00 shipping and handling to: Executive Excess 2004 United for a Fair Economy 37 Temple Place, 2nd Floor Boston, MA 02111 Institute for Policy Studies United for a Fair Economy 733 15th St. -
Dodd-Frank's Attempted Reform on Broker-Dealers
NYLS Law Review Vols. 22-63 (1976-2019) Volume 59 Issue 3 Combating Threats to the International Financial System: The Financial Action Task Article 8 Force January 2015 Kicking the Can Down the Road: Dodd-Frank’s Attempted Reform on Broker-Dealers HELEN QUIGLEY New York Law School, 2014 Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Privacy Law Commons, and the Securities Law Commons Recommended Citation HELEN QUIGLEY, Kicking the Can Down the Road: Dodd-Frank’s Attempted Reform on Broker-Dealers, 59 N.Y.L. SCH. L. REV. (2014-2015). This Note is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 59 | 2014/15 VOLUME 59 | 2014/15 Helen Quigley Kicking the Can Down the Road: Dodd-Frank’s Attempted Reform on Broker-Dealers 59 N.Y.L. Sch. L. Rev. 561 (2014–2015) ABOUT THE AUTHOR: Helen Quigley was the Managing Editor of the 2013–2014 New York Law School Law Review. She received her J.D. from New York Law School in 2014, and is currently an associate at Venable LLP. www.nylslawreview.com 561 KICKING THE CAN DOWN THE ROAD NEW YORK LAW SCHOOL LAW REVIEW VOLUME 59 | 2014/15 In the wake of the 2007–2008 financial crisis, and as a result of widespread calls for a reform of the financial regulatory system, Congress passed the Dodd-Frank Act in 2010. -
Pulitzer Prize Winners and Finalists
WINNERS AND FINALISTS 1917 TO PRESENT TABLE OF CONTENTS Excerpts from the Plan of Award ..............................................................2 PULITZER PRIZES IN JOURNALISM Public Service ...........................................................................................6 Reporting ...............................................................................................24 Local Reporting .....................................................................................27 Local Reporting, Edition Time ..............................................................32 Local General or Spot News Reporting ..................................................33 General News Reporting ........................................................................36 Spot News Reporting ............................................................................38 Breaking News Reporting .....................................................................39 Local Reporting, No Edition Time .......................................................45 Local Investigative or Specialized Reporting .........................................47 Investigative Reporting ..........................................................................50 Explanatory Journalism .........................................................................61 Explanatory Reporting ...........................................................................64 Specialized Reporting .............................................................................70 -
The Sarbanes-Oxley Act and Ethical Corporate Climates: What the Media Reports; What the General Public Knows, 2 Brook
Brooklyn Journal of Corporate, Financial & Commercial Law Volume 2 | Issue 2 Article 4 2008 The aS rbanes-Oxley Act and Ethical Corporate Climates: What the Media Reports; What the General Public Knows Cheryl L. Wade Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjcfcl Recommended Citation Cheryl L. Wade, The Sarbanes-Oxley Act and Ethical Corporate Climates: What the Media Reports; What the General Public Knows, 2 Brook. J. Corp. Fin. & Com. L. (2008). Available at: https://brooklynworks.brooklaw.edu/bjcfcl/vol2/iss2/4 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of Corporate, Financial & Commercial Law by an authorized editor of BrooklynWorks. THE SARBANES-OXLEY ACT AND ETHICAL CORPORATE CLIMATES: WHAT THE MEDIA REPORTS; WHAT THE GENERAL PUBLIC KNOWS Cheryl L. Wade* I. INTRODUCTION The question for participants in the Securities Regulation Section’s program at the 2008 AALS Annual Meeting was whether recent securities regulation reforms hit their mark. I focus in this essay on The Sarbanes- Oxley Act of 2002 (SOX or the Act),1 the most important legislative reform of securities markets in recent decades.2 Enacted to assuage public outrage about corporate greed and malfeasance ignited by media reports describing debacles at Enron, WorldCom, Adelphia, Tyco and other companies in 2001 and 2002 (the Corporate Scandals)3, SOX represented a legislative and political response to public resentment of what some considered a morally impaired corporate America. In the immediate aftermath of its enactment, the mark at which SOX took aim was the allaying of public indignation. -
The Securities Act at Its Diamond Jubilee: Renewing the Case for a Robust Registration Requirement
THE SECURITIES ACT AT ITS DIAMOND JUBILEE: RENEWING THE CASE FOR A ROBUST REGISTRATION REQUIREMENT Daniel J. Morrissey* “Yes, there are weapons of mass destruction. They are ‘financial weapons of mass destruction’ . .” — Warren Buffett1 “I keep hearing well-meaning people say that America is not a nation if it doesn’t have control over its borders. But are we a nation if there is no meaningful restraint on what people can do with an offering statement . ?” — Ben Stein2 I. INTRODUCTION: TURMOIL AND DISTRUST IN THE CAPITAL MARKETS Midway through 2008, the seventy-fifth anniversary of the Securities Act of 1933,3 America’s capital markets were again reeling from the type of economic turmoil4 which that landmark legislation was supposed to * Professor and Former Dean, Gonzaga University Law School. A.B. 1971, Georgetown University, J.D. 1974 Georgetown University. This article is dedicated to the author’s dear friend, Pat Rubinstein. The author would also like to thank student assistant Jefferson Boswell for his very helpful work in preparing this article for publication. 1. Buffett made these remarks describing securities backed by subprime mortgages and the havoc they have wrought on the credit markets. Mortimer B. Zuckerman, The Credit Crisis Grows, U.S. NEWS AND WORLD REPORT, Dec. 24, 2007, at 68 (quoting Warren Buffett). 2. Ben Stein, Tattered Standard of Duty on Wall Street, N.Y. TIMES, Dec. 23, 2007, at BU6. 3. 15 U.S.C. §§ 77a-77z (2000 & Supp. IV 2005). 4. As a New York Times article recently reported: Ever since Wall Street bankers were called back from their vacations last summer to deal with the convulsions in the mortgage market, the economy has been lurching from one crisis to the next.