US Securities and Exchange Commission Service to Investors

Total Page:16

File Type:pdf, Size:1020Kb

US Securities and Exchange Commission Service to Investors SECURITIE S AND EXCHANGE COMMI ss ION HI S TORICAL SOCIETY Dinner HONORING THE 75TH ANNIVER S ARY OF THE U.S. S ECURITIE S AND EXCHANGE COMMI ss ION JUNE 25, 2009 NATIONAL BUILDING MU S EUM WA S HINGTON , D.C. 7575 Barry Barbash, 2002 Annette Nazareth, 2001 Ray Garrett, Jr., 1973 Bourne Upham, 1950s Donald Stocking, 1964 Mary Keefe, 2008 Ganson Purcell, 1945 Michael Mann, 2008 Harry McDonald, 1949 O.H. Allred, 1964 Eugene Rotberg, 2001 William Moran, 1950s Fred Siesel, 2001 Aulana Peters, 2006 Edmund Burke, 1942 Daniel Goelzer, 2008 Harvey Goldschmid, 2002 Sylvia Shinnick, 1957 Martin Lybecker, 2005 Richard Rowe, 2001 Paul Gonson, 2007 Edward Eicher, 1941 Philip Loomis, 1981 Leonard Leiman, 2007 Paul Roye, 2002 David Silver, 2005 Lillian Smith, 1950s James Caffrey, 1945 Donald Nicolaisen, 2006 Francis Wheat, 1964 Anne P. Jones, 2002 Sumner Pike, 1941 Joseph Grundfest, 1989 Mickey Beach, 1980s Erik Sirri, 2007 Richard Ketchum, 2007 A.A. Sommer, 1977 John Huber, 2002 Donald Cook, 1949 Alan Levenson, 2001 Edward Greene, 2001 Marianne Smythe, 2002 Thomas Hart, 1964 Mark Kreitman, 2007 Stanley Sporkin, 2001 Amy Goodman, 2006 Esther Antell, 1950s Alan Beller, 2002 John Reed Stark, 2006 John Evans, 1979 Donald Langevoort, 2004 J. Sinclair Armstrong, 1956 James Barratt, 2004 Robert Kueppers, 2006 Dorothy McKellar, 1957 Steven Wallman, 2001 Barbara Thomas, 1981 Daniel McCauley, 1960 Brian J. Lane, 2002 Jerome Frank, 1941 Mary Schapiro, 2004 Karl Smeltzer, 1957 John Walsh, 2008 Roel Campos, 2002 commemorating the 75th anniversary of the u.s. securities and exchange commission 1934 ) _2009 www.sechistorical.org SECURITIE S AND EXCHANGE COMMI ss ION HI S TORICAL SOCIETY Dinner HONORING THE 75TH ANNIVER S ARY OF THE U.S. S ECURITIE S AND EXCHANGE COMMI ss ION JUNE 25, 2009 NATIONAL BUILDING MU S EUM WA S HINGTON , D.C. The photos throughout the book are images of past and current SEC Commission and staff and can be found in the Photos section of the virtual museum and archive at www.sechistorical.org. 7575 James Landis and Felix Frankfurter, 1934 Securities and Exchange Commission Historical Society 1101 pennsylvania avenue, n.w. � suite 600 � washington, d.c. 20004 o BOARD OF TRUSTEES June 25, 2009 chairman David B.H. Martin president James W. Barratt Dear Friends: president elect Susan S. Coffey vice president Stacy P. Chittick Welcome to this historic event honoring the 75th anniversary of the U.S. Securities and Donna M. Nagy Exchange Commission. treasurer W. Scott Bayless From its founding on June 6, 1934, the SEC has succeeded as one of the most lasting of secretary all New Deal agencies. When William O. Douglas stated that the SEC would serve as “the Richard B. Nesson investor’s advocate” upon his appointment as the third SEC Chairman on September 21, Abigail Arms 1937, he created a vision for the agency that thousands of men and women of distinction Margaret A. Bancroft Andrew S. Carron have fulfilled for three-quarters of a century. Robert H. Colson It is the privilege of the Securities and Exchange Commission Historical Society to be David A. DeMuro your host for tonight’s dinner. This is the first SEC anniversary dinner to be coordinated Carrie E. Dwyer Anne C. Flannery by an organization independent of the SEC. Cynthia A. Glassman With the SEC’s consent, the Society has taken the lead in commemorating the 75th Angela C. Goelzer anniversary with a variety of educational programs and celebratory events that began John J. Huber Teresa E. Iannaconi on November 1, 2007. The Calendar of Events in this book details our many activities Robert J. Kueppers recognizing the SEC’s 75th anniversary. Tonight’s dinner is the culmination of our Carmen J. Lawrence commemoration of this milestone anniversary. Simon M. Lorne Matthew J. Mallow On behalf of my fellow trustees, I thank all of you who have gathered here tonight to George C. McKann honor the U.S. Securities and Exchange Commission on its 75 years of service as the United Mark S. Radke States government agency providing a critical function as “the investor’s advocate” in the John M. Ramsay Thomas L. Riesenberg constantly changing world of capital market regulation. Quinton F. Seamons Richard H. Walker Sincerely, Harry J. Weiss executive director Carla L. Rosati, CFRE James W. Barratt President 202-756-5015 202-756-5014 [fax] [email protected] commemorating the 75th anniversary of the u.s. securities and exchange commission 1934 )_2009 www.sechistorical.org 134 Joseph P. Kennedy with members of the press, July 2, 1934 144 Program Presentation of Colors and Singing of National Anthem Welcome James W. Barratt Panoramic Photo This photo will hang in the SEC Historical Society’s 75th anniversary photo display in the Visitors Center of the U.S. Securities and Exchange Commission, Washington, D.C. It will be displayed next to the panoramic photo taken at the SEC’s 50th anniversary dinner in 1984. Recognition of Current and Past Chairmen, Commissioners and Staff of the U.S. Securities and Commission James W. Barratt Dinner During dinner, images from the Photos section of the Society’s virtual museum and archive at www.sechistorical.org will be on continuous display. Introduction of SEC Chairman Schapiro David B.H. Martin Remarks The Honorable Mary L. Schapiro Closing Remarks James W. Barratt 154 1939 SEC Messenger Softball Team: (top row) Bill Kurtz, Roy Long, Frank Kirkpatrick and Benedict; (2nd row) Jack Elias, Charley Adams, Lanny Sarsfield and Pete Szwec;(bottom row) Harry Krueger, Tony Antonelli, Frank Trainor and Leon Rainwater 164 Dinner Menu Fennel-Spiced Prawns with Five Citrus Salad sd Port Wine and Orange Glazed Rock Cornish Game Hen Baked Tomato Stuffed with Sweet Corn Summer Succotash French Green Beans sd Rum Baba with Tropical Fruits and Berry Coulis sd 2006 Hess Select Chardonnay, Monterey, California 2007 Francis Coppola Pinot Noir, Monterey, California 174 About the Securities and Exchange Commission Historical Society The Securities and Exchange Commission Historical Society, a 501(c)(3) non-profit organization, independent of and separate from the U.S. Securities and Exchange Commission, preserves the history of financial regulation through its virtual museum and archive at www.sechistorical.org, free and accessible worldwide at all times. 2007–08 Board of Trustees 2008–09 Board of Trustees 2009–10 Board of Trustees • Abigail Arms • Abigail Arms • Abigail Arms • Margaret A. Bancroft • Margaret A. Bancroft • Margaret A. Bancroft • James W. Barratt, Vice President • James W. Barratt, President-Elect • James W. Barratt, President • W. Scott Bayless, Treasurer • W. Scott Bayless, Treasurer • W. Scott Bayless, Treasurer • David M. Becker • David M. Becker (resigned 1-09) • Andrew S. Carron • Mark Berman • Mark Berman • Stacy P. Chittick, Vice President • Andrew S. Carron • Andrew S. Carron • Susan S. Coffey, President-Elect • Stacy P. Chittick • Stacy P. Chittick, Vice President • Robert H. Colson • Susan S. Coffey • Susan S. Coffey • David A. DeMuro • Robert H. Colson • Robert H. Colson • Carrie E. Dwyer • Stephen M. Cutler • David A. DeMuro • Anne C. Flannery • Margaret M. Foran • Carrie E. Dwyer • Cynthia A. Glassman • John J. Huber • Anne C. Flannery • Angela C. Goelzer • Herbert F. Janick III, President • John J. Huber • John J. Huber • Robert J. Kueppers • Teresa E. Iannaconi • Teresa E. Iannaconi • Carmen J. Lawrence, Secretary • Herbert F. Janick III, Chairman • Robert J. Kueppers • Simon M. Lorne • Carmen J. Lawrence • Carmen J. Lawrence • Colleen P. Mahoney • Simon M. Lorne • Simon M. Lorne • David B.H. Martin, President-Elect • Colleen P. Mahoney • Matthew J. Mallow • George C. McKann • Matthew J. Mallow • David B.H. Martin, Chairman • Richard B. Nesson • David B.H. Martin, President • George C. McKann • John M. Ramsay, Chairman • George C. McKann • Donna M. Nagy, Vice President • Thomas L. Riesenberg • Donna M. Nagy, Vice President • Richard B. Nesson, Secretary • Richard H. Rowe, Vice President • Richard B. Nesson, Secretary • Mark S. Radke • Mary L. Schapiro • Mark S. Radke • John M. Ramsay • Quinton F. Seamons • John M. Ramsay • Thomas L. Riesenberg • Richard H. Walker • Thomas L. Riesenberg • Quinton F. Seamons • Elisse B. Walter • Mary L. Schapiro (resigned 1-09) • Richard H. Walker • Quinton F. Seamons • Harry J. Weiss • Richard H. Walker • Harry J. Weiss Administration • Carla L. Rosati, CFRE, Executive Director • Matnita A. Green, Office Manager – Bookkeeper 184 1938 Commission: (left to right) Jerome N. Frank, Robert E. Healy, William O. Douglas, George C. Mathews and John W. Hanes 1941 meeting of SEC Regional Administrators: (left to right) Day Karr (Seattle), Daniel T. Moore (Cleveland), Joseph P. Rooney (Boston), O.H. Allred (Fort Worth), William McNeil Kennedy (Chicago), John L. Geraghty (Denver), William Green (Atlanta), James Caffrey (New York), William Malone (Philadelphia) and Howard A. Judy (Los Angeles and San Francisco) 194 SEC Chairman Ganson Purcell (right) and SEC staff members at a World War II Loan Drive in 1943 1104 Securities and Exchange Commission Historical Society Donors January 1, 2008 – March 31, 2009 The Securities and Exchange Commission Historical Society thanks the following institutions and individuals who made gifts and grants in support of the Society’s work from January 1, 2008 through March 31, 2009: • Jane B. Adams • Alan R. Bromberg • Richard C. Adkerson • Margarita Brose • Clifford J. Alexander • Christine A. Bruenn • Bradford E. Ali • Mercer E. Bullard • Philip D. Ameen • Louis F. Burke • American Institute of Certified • W. Hardy Callcott Public Accountants (AICPA) • Roel Campos • Jonathon Arleo • Wayne M. Carlin • Abigail Arms • Eva Marie Carney • Arnold & Porter LLP • Carney Gluntz & Associates LLC • Joel S. Arogeti • Andrew S. Carron • ASECA – Association of SEC • Center for Audit Quality Alumni, Inc. • James H. Cheek III • Andrew D. Bailey, Jr. • Chevron • Baker Botts LLP • Chicago Board Options Exchange • Margaret A. Bancroft • Stacy P. Chittick • Barry P.
Recommended publications
  • Will the Sec Survive Financial Regulatory Reform?
    WILL THE SEC SURVIVE FINANCIAL REGULATORY REFORM? Renee M. Jones* A BSTRACT The Securities and Exchange Commission’s (“SEC”) conspicuous failures during the financial crisis of 2008 have led many to question the agency’s relevance in the modern financial era. Some commentators have called for the creation of new super-agencies to assume a substantial portion of the SEC’s duties. Others highlight enforcement failures and question the agency’s commitment to its investor protection mission. Despite its recent missteps and persistent calls for regulatory overhaul, the SEC’s future seems secure for now as President Obama’s reform proposals (the “Obama Plan”) as currently conceived preserve the agency’s independence. Although thus far the Obama Plan protects the SEC’s status as an independent agency, several aspects of the plan threaten the agency’s long- term prospects. The proposal to expand the executive branch’s role in oversight over financial institutions may represent the beginning of an incremental encroachment on SEC authority. Similarly, the proposed Consumer Financial Protection Agency could absorb a portion of the SEC’s traditional investor protection role. In the end, the SEC’s survival depends on whether its leadership takes effective action to restore its credibility and regain the public trust in the years to come. I. INTRODUCTION The Securities and Exchange Commission (“SEC”) is currently under siege. Its once stellar reputation has been tarnished by a series of inauspicious events that unfolded during the financial meltdown of 2008. The agency’s passivity during the collapse of Bear Stearns, its failure to detect Bernard Madoff’s massive fraud, and the failure of the Consolidated Supervised Entity program for financial conglomerates have led many to question the agency’s competence and relevance in the era of modern globalized financial markets.1 * Associate Professor, Boston College Law School.
    [Show full text]
  • Global Regulatory Briefing
    Global Regulatory Briefing MARCH 18, 2010 (I) REGULATORY REFORM US - US earns $33 million on rescued-bank warrant auctions US - U.S. Senator Dodd boosts Fed risk oversight in financial in week reform bill EU – European central banker says to phase out emergency EU - EU hedge fund rules stalled, UK digs in heels lending EU - Schaeuble calls for closer euro zone integration, details US - US bank regulators may extend crisis-era guarantee monetary fund US - U.S. thrift regulator defends industry, agency EU – ECB’s Trichet, European Monetary Fund idea “deserves EU - Big EU insurers resilient in stress test - watchdog examination” (III) ENFORCEMENT & SUPERVISION US - Bernanke defends Fed small-bank supervision role US - Judge won't modify core of 2003 U.S. financial analyst US - Citi to boost proprietary trading unit - report “firewall” deal US – White House rips business lobby over financial reform GERMANY - Germany's Merkel considering risk charge on US - Big majority in U.S. wants Wall Street regulation banks - paper (II) FINANCIAL CRISIS & ECONOMY AUSTRALIA – Central bank says Australian bank rate rises US - Examiner sees accounting gimmicks in Lehman demise outpace funding costs GLOBAL REGULATORY BRIEFING MARCH !8 UK - UK's FSA bulks up for tougher supervision (X) TRADE & CROSS BORDER UK - UK's FSA charges banker, wife with insider dealing, SAUDI ARABIA - Saudi Arabia approves first ETF open for seeks extradition of third foreigners UK - UK bank customers to get overdraft opt-out option JAPAN/TAIWAN – Taiwan exchange eyes ETF cross-listing
    [Show full text]
  • The Future of Capital Formation Hearing
    THE FUTURE OF CAPITAL FORMATION HEARING BEFORE THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION MAY 10, 2011 Serial No. 112–46 Printed for the use of the Committee on Oversight and Government Reform ( Available via the World Wide Web: http://www.fdsys.gov http://www.house.gov/reform U.S. GOVERNMENT PRINTING OFFICE 70–517 PDF WASHINGTON : 2011 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 17-JUN-2003 13:55 Oct 28, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\KATIES\DOCS\70517.TXT KATIE PsN: KATIE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM DARRELL E. ISSA, California, Chairman DAN BURTON, Indiana ELIJAH E. CUMMINGS, Maryland, Ranking JOHN L. MICA, Florida Minority Member TODD RUSSELL PLATTS, Pennsylvania EDOLPHUS TOWNS, New York MICHAEL R. TURNER, Ohio CAROLYN B. MALONEY, New York PATRICK T. MCHENRY, North Carolina ELEANOR HOLMES NORTON, District of JIM JORDAN, Ohio Columbia JASON CHAFFETZ, Utah DENNIS J. KUCINICH, Ohio CONNIE MACK, Florida JOHN F. TIERNEY, Massachusetts TIM WALBERG, Michigan WM. LACY CLAY, Missouri JAMES LANKFORD, Oklahoma STEPHEN F. LYNCH, Massachusetts JUSTIN AMASH, Michigan JIM COOPER, Tennessee ANN MARIE BUERKLE, New York GERALD E. CONNOLLY, Virginia PAUL A. GOSAR, Arizona MIKE QUIGLEY, Illinois RAU´ L R. LABRADOR, Idaho DANNY K. DAVIS, Illinois PATRICK MEEHAN, Pennsylvania BRUCE L. BRALEY, Iowa SCOTT DESJARLAIS, Tennessee PETER WELCH, Vermont JOE WALSH, Illinois JOHN A.
    [Show full text]
  • September 23–24, 2020
    Wednesday, Thursday, On Demand Sponsors September 23 September 24 Sessions A gathering for regulators and industry professionals to exchange ideas and empower success September 23–24, 2020 Wednesday, September 23 LIVE 10:00 AM – 11:00 AM – LIVE: Virtual Exhibit Hall During this allotted time, visit sponsors, ask questions, and learn from fellow colleagues about industry topics. 11:00 AM – 11:05 AM – LIVE: Welcome Remarks C&L VIRTUAL FORUM CHAIRPERSON Scott Kursman Citi 11:05 AM – 11:35 AM – LIVE: One-on-One Conversation with Robert Cook Robert Cook MODERATOR FINRA Ira D. Hammerman SIFMA 11:45 AM – 12:45 PM – LIVE: COVID-19: Lessons Learned for Compliance & Legal Professionals • Operational capacity – what does this mean for systems access, especially trading businesses • Meeting regulatory obligations for oversight in this COVID-19 environment. Anticipating unique risks in this new operating structure. • Supervisory and management challenges with remote staff and related information security challenges • Discuss today’s challenges of internal and external communications and recordkeeping • Considerations for Return-to-Work plans Michael Broadbery Andy Cadel Kevin H. Dunn Marlon Paz Emily Westerberg MODERATOR Goldman Sachs Citi National Institute for Mayer Brown Russell Amy J. Greer Occupational Safety SEC Baker & McKenzie LLP and Health 12:55 PM – 2:00 PM – LIVE: Leadership Matters: Meaningful, Measured Impact in Diversity and Inclusion This panel will take a deeper dive into how today’s financial industry leadership work must be a matter
    [Show full text]
  • Jerome Frank's Impact on American Law
    Michigan Law Review Volume 84 Issue 4 Issues 4&5 1986 The Iconoclast as Reformer: Jerome Frank's Impact on American Law Matthew W. Frank University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Judges Commons, and the Legal Biography Commons Recommended Citation Matthew W. Frank, The Iconoclast as Reformer: Jerome Frank's Impact on American Law, 84 MICH. L. REV. 866 (1986). Available at: https://repository.law.umich.edu/mlr/vol84/iss4/29 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. 866 Michigan Law Review [Vol. 84:861 THE ICONOCLAST AS REFORMER: JEROME FRANK'S IMPACT ON AMERICAN LA w. By Robert Jerome Glennon. Ithaca: Cornell Uni­ versity Press. 1985. Pp. 252. $24.95. In the first half of this century, Jerome Frank achieved prominence as a corporate attorney, a legal realist, a New Deal administrator, and finally as a federal appellate court judge. A study of Frank's career does more than testify to the man's extraordinary breadth of interest, energy, and ability; it serves as a pane through which one may witness the enormous changes in law and legal theory from 1930 to 1957. In The Iconoclast as Reformer: Jerome Frank's Impact on American Law, Professor Robert Glennon 1 traces Frank's career and attempts to evaluate Frank's influence in these areas.
    [Show full text]
  • Yale Law School 2007-2008
    bulletin of yale university bulletin of yale Series 1o3 8 Number 10, 2007 August 2007–2008 Yale Law School Yale bulletin of yale university August 10, 2007 Yale Law School Periodicals postage paid Periodicals Connecticut Haven, New 06520-8227 CT New Haven Haven New bulletin of yale university bulletin of yale Bulletin of Yale University The University is committed to basing judgments concerning the admission, education, and employment of individuals upon their qualifications and abilities and a∞rmatively Postmaster: Send address changes to Bulletin of Yale University, seeks to attract to its faculty, sta≠, and student body qualified persons of diverse back- PO Box 208227, New Haven CT 06520-8227 grounds. In accordance with this policy and as delineated by federal and Connecticut law, Yale does not discriminate in admissions, educational programs, or employment PO Box 208230, New Haven CT 06520-8230 against any individual on account of that individual’s sex, race, color, religion, age, Periodicals postage paid at New Haven, Connecticut disability, status as a special disabled veteran, veteran of the Vietnam era, or other covered veteran, or national or ethnic origin; nor does Yale discriminate on the basis of Issued seventeen times a year: one time a year in May, November, and December; sexual orientation or gender identity or expression. two times a year in June; three times a year in July and September; six times a year University policy is committed to a∞rmative action under law in employment of in August women, minority group members, individuals with disabilities, special disabled veterans, veterans of the Vietnam era, and other covered veterans.
    [Show full text]
  • SEC Historical Society Highlights
    Securities and Exchange Commission Historical Society o Highlights of 2005 Preserving Investing’s Past WWW. SECHISTORICAL. ORG Exploring Investing’s Future T the virtual museum of sec and securities industry history T Highlights of 2005 Report The Highlights of 2005 is the narrative section of the Securities and Exchange Commission Historical Society’s 2005 Annual Report. The 2005 financial statement and list of donors Letter from the President will be published in the 2005 Annual Report later in 2006. Dear Friends: Carla L. Rosati, CFRE, Editor On December 1st, our virtual museum and archive at www.sechistorical.org Donald Norwood Design, Design and Publication opened its first galleries – 431 Days: Joseph P. Kennedy and the Creation of Scavone Photography and the SEC (1934-35); and William O. Douglas and the Growing Power of the Rob Tannenbaum, Photography SEC (1936-39) – a milestone in the mission of the Securities and Exchange (and images from the virtual museum and archive) Commission Historical Society to preserve and share SEC and securities history for generations to come. Securities and Exchange Commission For those of you who helped to build the Society as a non-profit organiza- Historical Society The Securities and Exchange Commission tion from our founding on September 15, 1999, and those of you who wit- Historical Society, a 501(c)(3) non-profit nessed the opening of the virtual museum and archive on June 1, 2002, this organization, independent of and separate was indeed a proud moment. from the U.S. Securities and Exchange When I met with SEC Chairman Christopher Cox in October, he informed Commission, preserves and shares SEC and me that the museum’s collections were used to prepare for his confirmation securities history through its virtual museum hearings.
    [Show full text]
  • CORPORATIONS and CAPITAL MARKETS EVOLUTION Sponsored
    CORPORATIONS AND CAPITAL MARKETS EVOLUTION Sponsored by: Columbia Law School Transactional Studies Program Speaker Biographies Raanan A. Agus Raanan A. Agus is the global head of the Principal Strategies Group in the Equities Division of Goldman Sachs. The Principal Strategies Group is a proprietary, multi-strategy investment arm within Goldman Sachs that engages in equity long/short strategies, convertible arbitrage, volatility strategies, distressed and capital structure arbitrage, tactical trading, and special situation/event-driven strategies. Mr. Agus joined Goldman Sachs in 1993 as an associate in Equities Arbitrage, and became a managing director in 1999 and a partner in 2000. Mr. Agus is also a member of the Equities/FICC Joint Operating Committee and the Firmwide Risk Committee. He is also on the Goldman Sachs chess team. Mr. Agus earned an A.B. degree from Princeton University in 1989 and a joint J.D./M.B.A. degree, specializing in finance, from Columbia University in 1993. Alan L. Beller Alan L. Beller is a partner based in the New York office of Cleary Gottlieb Steen & Hamilton. His practice focuses on a wide variety of complex securities, corporate governance, and corporate matters. Mr. Beller served as the Director of the Division of Corporation Finance of the U.S. Securities and Exchange Commission and as Senior Counselor to the Commission from January 2002 until February 2006. During his four-year tenure, Mr. Beller led the Division in producing the most far-reaching corporate governance, financial disclosure, and securities offering reforms in Commission history, including the implementation of the corporate provisions of the Sarbanes- Oxley Act of 2002 and the adoption of corporate governance standards for listed companies.
    [Show full text]
  • The New Investor Tom C.W
    The New Investor Tom C.W. Lin EVIEW R ABSTRACT A sea change is happening in finance. Machines appear to be on the rise and humans on LA LAW LA LAW the decline. Human endeavors have become unmanned endeavors. Human thought and UC human deliberation have been replaced by computerized analysis and mathematical models. Technological advances have made finance faster, larger, more global, more interconnected, and less human. Modern finance is becoming an industry in which the main players are no longer entirely human. Instead, the key players are now cyborgs: part machine, part human. Modern finance is transforming into what this Article calls cyborg finance. This Article offers one of the first broad, descriptive, and normative examinations of this sea change and its wide-ranging effects on law, society, and finance. The Article begins by placing the rise of artificial intelligence and computerization in finance within a larger social context. Next, it explores the evolution and birth of a new investor paradigm in law precipitated by that rise. This Article then identifies and addresses regulatory dangers, challenges, and consequences tied to the increasing reliance on artificial intelligence and computers. Specifically, it warns of emerging financial threats in cyberspace, examines new systemic risks linked to speed and connectivity, studies law’s capacity to govern this evolving financial landscape, and explores the growing resource asymmetries in finance. Finally, drawing on themes from the legal discourse about the choice between rules and standards, this Article closes with a defense of humans in an uncertain financial world in which machines continue to rise, and it asserts that smarter humans working with smart machines possess the key to better returns and better futures.
    [Show full text]
  • Jerome Frank's Fact-Skepticism and Our Future*
    JEROME FRANK'S FACT-SKEPTICISM AND OUR FUTURE* EDMOND GAHNt I WHEN Dean Rostow asked me to describe the main features of Jerome Frank's legal philosophy, I resolved that-no matter how tentative my sum- mary might be-I must speak in the perspective of the future. For one thing, this is the way he habitually faced and spoke and wrote; it is the way to be faithful to his thought. For another, his philosophy-which he called "fact- skepticism"'-is nothing more or less than a bold confrontation of the future and a flinging of gages at its feet. I believe that Jerome Frank's fact-skepti- cism represents an epoch-making contribution not only to legal theory and procedural reform, but also to the understanding of the entire human condition. The history of our time will record whether we profited by the challenges he bequeathed to us. For about twenty-five years Jerome Frank's coruscating and marvelously restless mind planned and built and developed the meaning of fact-skepticism. Fully aware that his approach was novel, he deliberately repeated and reiter- ated his doctrines, phrased them first this way then that, and summoned analogies from every corner of the cultural world to make his ideas clearer. To justify the repetitions, he used the following story: "Mr. Smith of Denver was introduced to Mr. Jones at a dinner party in Chicago. 'Oh,' said Jones, 'do you know my friend Mr. Schnicklefritz, who lives in Denver?' 'No,' answered Smith. Later in the evening, when Smith referred to Denver, Jones again asked whether Smith was ac- quainted with Schnicklefritz, and again received a negative reply.
    [Show full text]
  • Antitrust and Baseball: Stealing Holmes
    Antitrust and Baseball: Stealing Holmes Kevin McDonald 1. introduction this: It happens every spring. The perennial hopefulness of opening day leads to talk of LEVEL ONE: “Justice Holmes baseball, which these days means the business ruled that baseball was a sport, not a of baseball - dollars and contracts. And business.” whether the latest topic is a labor dispute, al- LEVEL TWO: “Justice Holmes held leged “collusion” by owners, or a franchise that personal services, like sports and considering a move to a new city, you eventu- law and medicine, were not ‘trade or ally find yourself explaining to someone - commerce’ within the meaning of the rather sheepishly - that baseball is “exempt” Sherman Act like manufacturing. That from the antitrust laws. view has been overruled by later In response to the incredulous question cases, but the exemption for baseball (“Just how did that happen?”), the customary remains.” explanation is: “Well, the famous Justice Oliver Wendell Holmes, Jr. decided that baseball was exempt from the antitrust laws in a case called The truly dogged questioner points out Federal Baseball Club ofBaltimore 1.: National that Holmes retired some time ago. How can we League of Professional Baseball Clubs,‘ and have a baseball exemption now, when the an- it’s still the law.” If the questioner persists by nual salary for any pitcher who can win fifteen asking the basis for the Great Dissenter’s edict, games is approaching the Gross National Prod- the most common responses depend on one’s uct of Guam? You might then explain that the level of antitrust expertise, but usually go like issue was not raised again in the courts until JOURNAL 1998, VOL.
    [Show full text]
  • Judicial Supremacy and the Modest Constitution
    Judicial Supremacy and the Modest Constitution Frederick Schauert INTRODUCTION Judicial supremacy is under attack. From various points on the politi- cal spectrum, political actors as well as academics have challenged the idea that the courts in general, and the Supreme Court in particular, have a spe- cial and preeminent responsibility in interpreting and enforcing the Constitution. Reminding us that treating Supreme Court interpretations of the Constitution as supreme and authoritative has no grounding in constitu- tional text and not much more in constitutional history, these critics seek to relocate the prime source of interpretive guidance. The courts have an important role to play, these critics acknowledge, but it is a role neither greater than that played by other branches, nor greater than the role to be played by "the people themselves."' The critics' understanding of a more limited function for the judiciary in constitutional interpretation appears to rest, however, primarily on a highly contestable conception of the point of having a written constitution in the first place. According to this conception, a constitution, and espe- cially the Constitution of the United States, is the vehicle by which a de- mocratic polity develops its own fundamental values. A constitution, therefore, becomes both a statement of our most important values and the vehicle through which these values are created and crystallized. Under this conception of the role of a written constitution, it would indeed be a mis- take to believe that the courts should have the preeminent responsibility for interpreting that constitution. For this task of value generation to devolve Copyright © 2004 California Law Review, Inc.
    [Show full text]