The Triumph Tragedy and Lost Legacy of James M Landis

Author: Justin O'Brien
Publisher: Bloomsbury Publishing
ISBN: 1782254404
Format: PDF, ePub, Mobi
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James M Landis Â? scholar, administrator, advocate and political adviser Â? is known for his seminal contribution to the creation of the modern system of market regulation in the USA. As a highly influential participant in the politics of the New Deal he drafted the statute which was to become the foundation for securities regulation in the US, and by extension the founding principle of financial market regulation across the world. He was also a complex and in some ways tragic figure, whose glittering career collapsed following the revelation that he had failed to pay tax for a five year period in the 1950s. The oversight was to cost possible elevation to the Supreme Court, forced prosecution and sentencing in 1963 to one month's imprisonment, commuted to forced hospitalisation, and subsequent suspension of licence to practise. This candid and revealing book sets his life in the context of his work as an academic, legislative draftsman, administrator and Dean of Harvard Law School. In rescuing from history Landis's battles and achievements in regulatory design, theory and practice, it speaks directly to the perennial problems in financial market regulation - how to deal with institutions deemed too big to fail, how to regulate the sale of complex financial instruments and what role can the professions play as gatekeepers of market integrity. It argues that in failing to learn from the lessons of history we limit the capacity of regulatory intervention to facilitate cultural change, without which contemporary responses to financial crises are destined to fail.

Defenseless Under the Night

Author: Matthew Dallek
Publisher: Oxford University Press
ISBN: 0190469536
Format: PDF, Docs
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In his 1933 inaugural address, Franklin D. Roosevelt declared that "the only thing we have to fear is fear itself." Yet even before Pearl Harbor, Americans feared foreign invasions, air attacks, biological weapons, and, conversely, the prospect of a dictatorship being established in the United States. To protect Americans from foreign and domestic threats, Roosevelt warned Americans that "the world has grown so small" and eventually established the precursor to the Department of Homeland Security - an Office of Civilian Defense (OCD). At its head, Roosevelt appointed New York Mayor Fiorello La Guardia; First Lady Eleanor Roosevelt became assistant director. Yet within a year, amid competing visions and clashing ideologies of wartime liberalism, a frustrated FDR pressured both to resign. In Defenseless Under the Night, Matthew Dallek reveals the dramatic history behind America's first federal office of homeland security, tracing the debate about the origins of national vulnerability to the rise of fascist threats during the Roosevelt years. While La Guardia focused on preparing the country against foreign attack and militarizing the civilian population, Eleanor Roosevelt insisted that the OCD should primarily focus on establishing a wartime New Deal, what she and her allies called "social defense." Unable to reconcile their visions, both were forced to leave the OCD in 1942. Their replacement, James Landis, would go on to recruit over ten million volunteers to participate in civilian defense, ultimately creating the largest volunteer program in World War II America. Through the history of the OCD, Dallek examines constitutional questions about civil liberties, the role and power of government propaganda, the depth of militarization of civilian life, the quest for a wartime New Deal, and competing liberal visions for American national defense - questions that are still relevant today. The result is a gripping account of the origins of national security, which will interest anyone with a passion for modern American political history and the history of homeland defense.

International Dispute Resolution and the Public Policy Exception

Author: Farshad Ghodoosi
Publisher: Routledge
ISBN: 1317292839
Format: PDF, ePub
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Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Integrity Risk and Accountability in Capital Markets

Author: Justin O'Brien
Publisher: Bloomsbury Publishing
ISBN: 1782253564
Format: PDF, Kindle
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The global economy is yet to recover from the aftershocks of the Global Financial Crisis (GFC). In particular many national economies are struggling to adjust to austerity programs that are a direct result of the toxic effects of the crisis. Governments, regulatory agencies, international organisations, media commentators, finance industry organisations and professionals, academics and affected citizens have offered partial explanations for what has occurred. Some of these actors have sought to introduce legislative and other regulatory initiatives to improve operational standards in capital markets. However, the exposure post-GFC of the scandal surrounding the manipulation over many years of the London Interbank Offered Rate (LIBOR) highlighted that the most important obstacles to counter the destructive potential of our global finance system are normative not technical. Regulating the culture of the finance sector is one of the greatest challenges facing contemporary society. This edited volume brings together leading professionals, regulators and academics with knowledge of how cultural forces shape integrity, risk and accountability in capital markets. The book will be of benefit not only to industry, regulatory and academic communities whose focus is upon financial markets and professionals. It is of value to any person or organisation interested in how the cultural underpinnings of the finance sector shape how capital markets actually operate and are regulated. It is a stark lesson of history that financial crises will occur. As national economies become ever more inter-connected and inter-dependent under conditions of global financial capitalism, it becomes ever more important to know how cultural and other normative forces might be adjusted to militate against the effects of future disasters.

The Future of Financial Regulation

Author: Iain G MacNeil
Publisher: Bloomsbury Publishing
ISBN: 1847317545
Format: PDF, Kindle
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The Future of Financial Regulation is an edited collection of papers presented at a major conference at the University of Glasgow in spring 2009, co-sponsored by the Economic and Social Research Council World Economy and Finance Programme and the the Australian Research Council Governance Research Network. It draws together a variety of different perspectives on the international financial crisis which began in August 2007 and later turned into a more widespread economic crisis following the collapse of Lehman Brothers in the autumn of 2008. Spring 2009 was in many respects the nadir since valuations in financial markets had reached their low point and crisis management rather than regulatory reform was the main focus of attention. The conference and book were deliberately framed as an attempt to re-focus attention from the former to the latter. The first part of the book focuses on the context of the crisis, discussing the general characteristics of financial crises and the specific influences that were at work this time round. The second part focuses more specifically on regulatory techniques and practices implicated in the crisis, noting in particular an over-reliance on the capacity of regulators and financial institutions to manage risk and on the capacity of markets to self-correct. The third part focuses on the role of governance and ethics in the crisis and in particular the need for a common ethical framework to underpin governance practices and to provide greater clarity in the design of accountability mechanisms. The final part focuses on the trajectory of regulatory reform, noting the considerable potential for change as a result of the role of the state in the rescue and recuperation of the financial system and stressing the need for fundamental re-appraisal of business and regulatory models.

The Legacy Letters

Author: Carew Papritz
Publisher: King Northern Publishing
ISBN: 0985708816
Format: PDF, Kindle
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Winner of 5 national awards including the Mom’s Choice Award, The Legacy Letters is an inspirational bestseller that the The Huffington Post calls, "A Must-Read Book of Wisdom for Life...exquisite, intimate, passionate, humorous, and genuine..." “Live Life to the Fullest” becomes a father’s passionate plea to his family throughout the letters—and to all of us desiring to live the same way. Woman’s World Magazine writes, “This inspirational classic is the perfect comfort book for people hungry to find meaning in their lives.” The Legacy Letters—In a race against time and separated from his loved ones through tragic circumstances, a dying father discloses to us his most intimate and hopeful thoughts about life and love through private letters to his wife and his children. Ultimately revealed within the letters is the father’s extraordinary emotional and spiritual journey. In his race with death, writing with inspired clarity and passion, the father transforms his words of self-discovery and wisdom, interwoven between deeply moving personal stories and poignantly-told memories, into the practical, moral, and spiritual guidebook for his children he’d never live to see, and for his wife, his redemptive act of love. The Legacy Letters, though fictional, has also won acclaim as a life lessons book for all ages, gaining the distinction of being the only book in publishing history to win awards in both fiction and non-fiction categories. Combining the best elements of such popular bestsellers as Tuesdays with Morrie, The Last Lecture, and Chicken Soup for the Soul, author Carew Papritz creates with his award winning book, The Legacy Letters, a timeless gift, filled with a hopeful, positive, and powerful message for all generations . . . . . . for all parents and children of any age; for spiritual seekers and the perpetually curious; for lovers of the written word and lovers of the passionate heart . . . . . . for all those who long to be reconnected with universally important values that keep our hopes alive, defends our big dreams and our belief that we can reach them, and gives us the courage we need to change our own lives . . . The Legacy Letters is for you . . .

The 9 11 Commission Report

Author:
Publisher: Government Printing Office
ISBN: 0160891809
Format: PDF, Kindle
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This edition has been designated as the only official U.S. Government edition of the 9-11 Commission’s Final Report. It provides a full and complete account of the circumstances surrounding the September 11th, 2001 terrorist attacks, including preparedness for and the immediate response to the attacks. It also includes recommendations designed to guard against future attacks.

Versions of Academic Freedom

Author: Stanley Fish
Publisher: University of Chicago Press
ISBN: 022606431X
Format: PDF, ePub, Mobi
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Advocates of academic freedom often view it as a variation of the right to free speech and an essential feature of democracy. Stanley Fish argues here for a narrower conception of academic freedom, one that does not grant academics a legal status different from other professionals. Providing a blueprint for the study of academic freedom, Fish breaks down the schools of thought on the subject, which range from the idea that academic freedom is justified by the common good or by academic exceptionalism, to its potential for critique or indeed revolution. Fish himself belongs to what he calls the “It's Just a Job” school: while academics need the latitude—call it freedom if you like—necessary to perform their professional activities, they are not free in any special sense to do anything but their jobs. Academic freedom, Fish argues, should be justified only by the specific educational good that academics offer. Defending the university “in all its glorious narrowness” as a place of disinterested inquiry, Fish offers a bracing corrective to academic orthodoxy.