This file is part of IDEAS, which uses RePEc data


[ Papers | Articles | Software | Books | Chapters | Authors | Institutions | JEL Classification | NEP reports | Search | New papers by email | Author registration | Rankings | Volunteers | FAQ | Blog | Help! ]

Empowering Investors: A Market Approach to Securities Regulation

Author info | Abstract | Publisher info | Download info | Related research | Statistics
Author Info
Roberta Romano () (Law School)
Abstract

This Article contends that the current legislative approach to securities regulation is mistaken. It advocates a market-oriented approach of competitive federalism that would expand the role of the states in securities regulation and would fundamentally reconceptualize the regulatory scheme. Under a system of competitive federalism for securities regulation, only one sovereign will have jurisdiction over all transactions in the securities of a corporation that involve the issuer or its agents and investors: the sovereign chosen by the issuer from among the federal government, the fifty states, or foreign nations. The aim is to replicate for the securities setting the benefits produced by state competition for corporate charters -- a responsive legal regime that has tended to maximize share value. As a competitive legal market supplants a monopolist federal agency in the fashioning of regulation, it will produce rules more aligned with the preferences of investors, whose decisions drive the capital market. Competitive federalism for U.S. securities regulation also has important implications for international securities regulation. The jurisdictional principle applicable to domestic securities transactions is equally applicable: Foreign issuers selling shares in the United States would be able to opt out of the federal securities laws and choose the law of another nation, such as their country of incorporation, or of a U.S. state, to govern those U.S. transactions.

Download Info
To download:

If you experience problems downloading a file, check if you have the proper application to view it first. Information about this may be contained in the File-Format links below. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

File URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=10555
File Format: application/pdf
File Function:
Download Restriction: no

Publisher Info
Paper provided by Yale School of Management in its series Yale School of Management Working Papers with number ysm74.

Download reference. The following formats are available: HTML (with abstract), plain text (with abstract), BibTeX, RIS (EndNote, RefMan, ProCite), ReDIF
Length:
Date of creation: 18 Sep 1998
Date of revision:
Handle: RePEc:ysm:somwrk:ysm74

Contact details of provider:
Web page: http://mba.yale.edu/
More information through EDIRC

For technical questions regarding this item, or to correct its listing, contact: ().

Related research
Keywords:

Other versions of this item:

Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)
  1. Katharina PISTOR, 2000. "The Standardization Of Law And Its Effect On Developing Economies," G-24 Discussion Papers 4, United Nations Conference on Trade and Development. [Downloadable!]
  2. Schouten, Michael C., 2009. "The Case for Mandatory Ownership Disclosure," MPRA Paper 14139, University Library of Munich, Germany, revised 27 Apr 2009. [Downloadable!]
    Other versions:
  3. Jean-Marc Suret & Cécile Carpentier, 2003. "Securities Regulation In Canada," CIRANO Project Reports 2003rp-12, CIRANO. [Downloadable!]
  4. Bar-Gill, Oren & Barzuza, Michal & Bebchuk, Lucian Arye, 2002. "The Market for Corporate Law," CEPR Discussion Papers 3553, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
  5. Zingales, Luigi, 2009. "The Future of Securities Regulation," CEPR Discussion Papers 7110, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
  6. Lawrence White, 2002. "Globalized Securities Markets and Accounting: How Many Standards?," Working Papers 02-11, New York University, Leonard N. Stern School of Business, Department of Economics. [Downloadable!]
  7. Benito Arruñada, 2008. "Mandatory Accounting Disclosure by Small Private Companies," Economics Working Papers 1090, Department of Economics and Business, Universitat Pompeu Fabra. [Downloadable!]
  8. Becht, Marco & Mayer, Colin & Wagner, Hannes, 2006. "Where Do Firms Incorporate?," CEPR Discussion Papers 5875, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
  9. Niemeyer, Jonas, 2001. "Where to Go after the Lamfalussy Report? - An Economic Analysis of Securities Market Regulation and Supervision," Working Paper Series in Economics and Finance 482, Stockholm School of Economics. [Downloadable!]
  10. Jean-Marc Suret & Cécile Carpentier, 2003. "Réglementation des valeurs mobilières au Canada," CIRANO Project Reports 2003rp-11, CIRANO. [Downloadable!]
  11. Richard J. Rosen, 2001. "Do regulators search for the quiet life? the relationship between regulators and the regulated in banking," Working Paper Series WP-01-05, Federal Reserve Bank of Chicago. [Downloadable!]
  12. Richard J. Rosen, 2005. "Switching primary federal regulators: is it beneficial for U.S. banks?," Economic Perspectives, Federal Reserve Bank of Chicago, issue Q III, pages 16-23. [Downloadable!]
  13. Bebchuk, Lucian Arye & Cohen, Alma, 2002. "Firms' Decisions on Where to Incorporate," CEPR Discussion Papers 3514, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
  14. Lucian Bebchuk & Alma Cohen, 2002. "Firms' Decisions Where to Incorporate," NBER Working Papers 9107, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  15. Michael Greenstone & Paul Oyer & Annette Vissing-Jorgensen, 2005. "Mandated Disclosure, Stock Returns, and the 1964 Securities Acts Amendments," NBER Working Papers 11478, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  16. Marco Becht & Colin Mayer & Hannes F. Wagner, 2008. "Where do firms incorporate? Deregulation and the cost of entry," OFRC Working Papers Series 2008fe04, Oxford Financial Research Centre. [Downloadable!]
    Other versions:
  17. Kenneth Ayotte & David Skeel, . "Why Do Distressed Companies Choose Delaware? An Empirical Analysis of Venue Choice in Bankruptcy," Scholarship at Penn Law upenn_wps-1023, University of Pennsylvania Law School. [Downloadable!]
  18. Richard J. Rosen, 2002. "Is three a crowd? competition among regulators in banking," Proceedings, Federal Reserve Bank of Chicago, issue May. [Downloadable!]
  19. Katrin Lantermann & Hans-Bernd Schäfer, . "Jurisdiction and Choice of Law in Economic Perspective," German Working Papers in Law and Economics 2005-1-1115, Berkeley Electronic Press. [Downloadable!]
  20. Justus Haucap & Christian Wey, 1999. "Standortwahl als Franchisingproblem," CIG Working Papers FS IV 99-08, Wissenschaftszentrum Berlin (WZB), Research Unit: Competition and Innovation (CIG). [Downloadable!]
Statistics
Access and download statistics

Did you know? RePEc also has a blog.

This page was last updated on 2009-11-6.

This information is provided to you by IDEAS at the Department of Economics, College of Liberal Arts and Sciences, University of Connecticut using RePEc data on a server sponsored by the Society for Economic Dynamics.