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The purpose of the paper is to summarize and discuss selected investor‐protection and other related enhancements to federal securities regulation contained in the…
The purpose of the paper is to summarize and discuss selected investor‐protection and other related enhancements to federal securities regulation contained in the Dodd‐Frank Wall Street Reform and Consumer Protection Act.
The paper discusses the following investor protections and related enhancements: enhanced whistleblower incentives and protections; expanded SEC investor‐protection administrative functions including the establishment of an Office of the Investor Advocate, the appointment of an Ombudsman, and the establishment on a permanent basis of an Investor Advisory Committee; expanded enforcement authority against aiders and abettors of securities violations; evaluation of the existing standards of care employed by broker‐dealers and investment advisers; a narrowing of exemptions from registration under the Securities Act, including by directing the SEC to enact rules to disqualify “bad actors” from relying on Rule 506 of Regulation D and adjusting the definition of “accredited investor” for purposes of the SEC's rules under the Securities Act; an exemption for certain small companies from the auditor attestation requirements of Sarbanes‐Oxley; provisions to increase the oversight and accountability of credit rating agencies; and steps to bolster the regulatory oversight of the municipal securities market, including by creating a new class of regulated intermediaries – “municipal advisors”
The Dodd‐Frank Act leaves many critical issues to be fleshed out through further SEC rulemaking and in the implementation phase, including: procedures regarding whistleblower information submitted to the SEC; the actual role of the Office of the Investor Advocate; whether the SEC will adopt a broker‐dealer fiduciary‐duty standard of care; additional texture on rules disqualifying bad actors from relying on Rule 506 of Regulation D; adjustments to net worth requirements related to accredited investor status; rules on disclosure of credit ratings in registration statements; and qualification standards for municipal advisors.
Public companies and other persons affected by the Dodd‐Frank Act should: keep abreast of key developments in the rulemaking phase; possibly participate in the rulemaking process: develop realistic strategies to respond to the proposed rules; develop compliance action plans; and review whistleblower‐related compliance policies and procedures.
The paper provides expert guidance from experienced securities and financial services lawyers.
Since the 1950s, the closet has been the chief metaphor for conceptualizing the experience of sexual minorities. Social change over the last four decades has begun to…
Since the 1950s, the closet has been the chief metaphor for conceptualizing the experience of sexual minorities. Social change over the last four decades has begun to dismantle some of the social structures that historically policed heteronormativity and forced queer people to manage information about their sexuality in everyday life. Although scholars argue that these changes make it possible for some sexual minorities to live “beyond the closet” (Seidman, 2002), evidence shows the dynamics of the closet persist in organizations. Drawing on a case study of theme park entertainment workers, whose jobs exist at the nexus of structural conditions that research anticipates would end heterosexual domination, I find that what initially appears to be a post-closeted workplace is, in fact, a new iteration: the walk-in closet. More expansive than the corporate or gay-friendly closets, the walk-in closet provides some sexual minorities with a space to disclose their identities, seemingly without cost. Yet the fundamental dynamics of the closet – the subordination of homosexuality to heterosexuality and the continued need for LGB workers to manage information about their sexuality at work – persist through a set of boundaries that contain gayness to organizationally desired places.
This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group often argue that the group merits inclusion in dominant institutions, and they do so by casting the group as like the majority. Scholars have criticized claims of this kind for affirming the status quo and muting significant differences of the excluded group. Yet, this chapter shows how these claims may also disrupt the status quo, transform dominant institutions, and convert distinctive features of the excluded group into more widely shared legal norms. This dynamic is observed in the context of lesbian, gay, bisexual, and transgender (LGBT) rights, and specifically through attention to three phases of LGBT advocacy: (1) claims to parental recognition of unmarried same-sex parents, (2) claims to marriage, and (3) claims regarding the consequences of marriage for same-sex parents. The analysis shows how claims that appeared assimilationist – demanding inclusion in marriage and parenthood by arguing that same-sex couples are similarly situated to their different-sex counterparts – subtly challenged and reshaped legal norms governing parenthood, including marital parenthood. While this chapter focuses on LGBT claims, it uncovers a dynamic that may exist in other settings.
This paper examines the conditions under which states include sexual orientation as a protected status in hate crime policy over the course of 25 years. Previous research…
This paper examines the conditions under which states include sexual orientation as a protected status in hate crime policy over the course of 25 years. Previous research in this area has generally focused on the passage of either general hate crime statutes longitudinally or the inclusion of sexual orientation in hate crime legislation via cross-sectional analysis. Moreover, previous work in this area tends to concentrate on two types of factors affecting policy passage: (1) structural factors such as social disorganization and economic vitality, and (2) political characteristics including governor’s political party and the makeup of the state legislature. We argue that a strong LGBT social movement organizational presence may also influence LGBT hate crime policy passage. Using an event history analysis, we test how state-level social movement organizational mobilization, as well as the state-level political context, affect policy passage from 1983 to 2008. Our findings indicate that political opportunities, including political instability and government ideology, matter for the passage of anti-gay hate crime policy. We also find evidence to support political mediation, as the interaction between social movement organizational presence and Democrats in the state legislature affect policy passage.
To identify the Obama administration’s policy responsiveness to the (African) American LGBT communities.
To identify the Obama administration’s policy responsiveness to the (African) American LGBT communities.
Theory development and content analysis.
Civic universalism, as a theory, can explain President Obama’s evolution on his support for marriage rights for same-sex couples. Obama employed the concept of e pluribus unum in his many approaches to LGBT responsive politics.
To date, theoretical development within the social sciences of LGBT policy responsiveness is limited.
Very little is written on the subject of LGBT (Lesbian, Gay, Bisexual, and Transgendered) politics in the 21st century. The study of the LGBT experience generally has been devoid of political variables because of a lack of attention toward LGBT issues, until recently, in national political party agendas. In this chapter, we review some of the contours of the LGBT community’s fight for political recognition in the United States as a precursor to the election and reelection of President Obama. Drawing parallels with presidential responsiveness toward Blacks in their quest for rights, we examine the Obama administration’s LGBT public policy initiatives as administrative policy and programs. We conclude by identifying new areas of research to explore on LGBT politics.
Possibilities for self-representation for transgender (trans) and gender non-conforming (GNC) youth must be conceptualized in relation to youths’ placement within frames…
Possibilities for self-representation for transgender (trans) and gender non-conforming (GNC) youth must be conceptualized in relation to youths’ placement within frames of power. Powerful institutional forces in youths’ lives include schools and policing and, as is evidenced by youths’ statements, extend to mass media portrayals. Library approaches that reify the inclusion of representative texts do not adequately meet the needs of trans and GNC youth. As a profession, librarianship must reflect on ideological approaches to gendered embodiment to push against an ongoing repetition of institutional harms done to trans and GNC youth.
This chapter offers examinations of information needs, complex online worlds, and incorporation of histories made invisible by power alongside critical literacy skills as crucial aspects of providing services to all possibly or actually trans and GNC youth. It critically situates the circumstances of trans youths’ lives in relation to the effect that adult perceptions have on trans and GNC youths’ ability to access resources. It provides a framework for reflection on how young adult librarians often unconsciously limit library access by enacting gendered expectations that do not always match the possibility or actuality of youths’ experiences or self-conceptions. The chapter outlines modes of communication – through library materials, programs, community resources and partnerships – that convey deeper understandings of trans and GNC experiences to possibly or actually trans and GNC youth.
Comedy and parody in rock and metal music have been around since the genre's inception. The Italian comedic music genre known as rock demenziale employs the use of…
Comedy and parody in rock and metal music have been around since the genre's inception. The Italian comedic music genre known as rock demenziale employs the use of nonsense and surrealism which turns conventions upside down. The demenziale has also attracted a slew of bands that employ this humour within the heavy metal genre, most famous of which is the Roman band Nanowar of Steel. With their jabs at Manowar and power metal bands, they place mundane activities and characters into the grandiose medievalist and fantasy worlds commonly used by those bands to the point of absurdity. However, with humour being deeply culture-specific, jokes that draw from a country's pop culture and makes extensive use of puns may be lost to an audience not familiar with that culture. Nanowar of Steel's unique position of having songs written in seven languages, primarily English and Italian, allows us to take a deeper look at how language and humour interfaces with the local and global metal scenes.