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Article
Publication date: 23 November 2010

David B.H. Martin and Brandon K. Gay

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…

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Abstract

Purpose

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.

Design/methodology/approach

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”

Findings

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.

Practical implications

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.

Originality/value

The paper provides expert guidance from experienced securities and financial services lawyers.

Details

Journal of Investment Compliance, vol. 11 no. 4
Type: Research Article
ISSN: 1528-5812

Keywords

Content available
Article
Publication date: 23 November 2010

Henry A. Davis

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Abstract

Details

Journal of Investment Compliance, vol. 11 no. 4
Type: Research Article
ISSN: 1528-5812

Book part
Publication date: 19 August 2016

David Orzechowicz

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…

Abstract

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.

Details

Research in the Sociology of Work
Type: Book
ISBN: 978-1-78635-405-1

Keywords

Book part
Publication date: 12 June 2018

Douglas NeJaime

This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group…

Abstract

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.

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

Keywords

Book part
Publication date: 1 September 2015

Christie L. Parris and Heather L. Scheuerman

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…

Abstract

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.

Details

Research in Social Movements, Conflicts and Change
Type: Book
ISBN: 978-1-78560-359-4

Keywords

Book part
Publication date: 26 May 2015

Ravi K. Perry and Joseph P. McCormick

To identify the Obama administration’s policy responsiveness to the (African) American LGBT communities.

Abstract

Purpose

To identify the Obama administration’s policy responsiveness to the (African) American LGBT communities.

Methodology/approach

Theory development and content analysis.

Findings

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.

Research limitations

To date, theoretical development within the social sciences of LGBT policy responsiveness is limited.

Originality/value

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.

Details

Race in the Age of Obama: Part 2
Type: Book
ISBN: 978-1-78350-982-9

Keywords

Book part
Publication date: 17 February 2022

Theodore Greene

This chapter draws on 10 years of ethnographic fieldwork collected in gay bars from three American cities to explore the strategies LGBTQ subcultures deploy to recreate meaningful…

Abstract

This chapter draws on 10 years of ethnographic fieldwork collected in gay bars from three American cities to explore the strategies LGBTQ subcultures deploy to recreate meaningful places within the vestiges of local queer nightlife. As gentrification and social acceptance accelerate the closures of LGBTQ-specific bars and nightclubs worldwide, venues that once served a specific LGBTQ subculture (i.e., leather bars) expand their offerings to incorporate displaced LGBTQ subcultures. Attending to how LGBTQ subcultures might appropriate designated spaces within a gay venue to support community (nightlife complexes), how management and LGBT subcultures temporally circumscribe subcultural practices and traditions to create fleeting, but recurring places (episodic places), and how patrons might disrupt an existing production of place by imposing practices associated with a discrepant LGBTQ subculture(place ruptures), this chapter challenges the notion of “the gay bar” as a singular place catering to a specific subculture. Instead, gay bars increasingly constitute a collection of places within the same space, which may shift depending on its use by patrons occupying the space at any given moment. Beyond the investigation of gay bars, this chapter contributes to the growing sociological literature exploring the multifaceted, unstable, and ephemeral nature of place and place-making in the postmodern city.

Content available
Book part
Publication date: 25 July 2019

Abstract

Details

Strategies for Facilitating Inclusive Campuses in Higher Education: International Perspectives on Equity and Inclusion
Type: Book
ISBN: 978-1-78756-065-9

Content available
Book part
Publication date: 27 January 2022

Abstract

Details

Women and the Abuse of Power
Type: Book
ISBN: 978-1-80043-335-9

Article
Publication date: 15 March 2024

Theresa Ann McGinnis, Eustace Thompson and Sheilah Jefferson-Isaac

This paper aims to explore how one elementary school administrative team responded to their changing student populations to include Latin(x) within their black community. The…

Abstract

Purpose

This paper aims to explore how one elementary school administrative team responded to their changing student populations to include Latin(x) within their black community. The responses included looping practices, relationship building with families and culturally relevant pedagogies. In particular, this paper considers how the three aspects of the change worked together toward the goal of providing its students with quality educational opportunities and enhancements.

Design/methodology/approach

The research presented here is part of a longitudinal (four-year) qualitative study where ethnographic approaches to data collection were adopted.

Findings

The four-year immersion in the values of culturally relevant pedagogy created a reciprocal growth in understanding among the teachers and the students of the black and Latin(x) populations, sustained the overarching ideas of deep family connections and contributed to asset-driven curriculum.

Originality/value

A national trend shows rapid changing demographics where Latin(x) families are moving into black neighborhoods and schools. This change in schools’ student populations finds educators facing new challenges in addressing the educational and cultural needs of two minoritized populations. This research adds to the existing scholarship by documenting how one school shifts their learning atmosphere to deeply engage students in culturally relevant pedagogies.

Details

Journal for Multicultural Education, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2053-535X

Keywords

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