Document Type
Article
Publication Date
2005
ISSN
1942-9983
Publisher
Washington Law Review Association
Language
en-US
Abstract
This Essay reviews three periods of investment company regulation by the Securities and Exchange Commission. It focuses on the period of 1975 to 2000 in which the Commission granted exemptions on conditions, thus deregulating and reregulating, case by case and finally codifying the exemptions in an exemptive rule. The Essay analyses this form of rule-making and compares it to prosecution, settlements, and initial rule-making that typifies the recent years. The Essay concludes that the common law method of legislation, especially when it involves a "bargain" between the regulators and law-abiding regulated institutions who wish to innovate, is likely to lead to optimal rules, provided the conditions (re-regulation) are rigorously enforced.
Recommended Citation
Tamar Frankel,
The Scope and Jurisprudence of the Investment Management Regulation
,
83
Washington University Law Quarterly
939
(2005).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/776
Please note the file available on SSRN may not be the final published version of this work.
Comments
Boston University School of Law Working Paper Series, Public Law & Legal Theory Working Paper No. 06-34