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To review recent enforcement actions in which the Securities and Exchange Commission (“SEC”) enforced Rule 21F-17(a) under the Securities Exchange Act, which prohibits actions to impede whistleblower communications with the SEC, and to identify changes that entities subject to SEC regulation (including public companies, broker-dealers and investment managers) may wish to consider in their employee separation agreements and other documents that may include confidentiality provisions.

Examines settled cases since 2015, in which the SEC found that contractual provisions in employee separation agreements and other documents impeded employees from communicating with the SEC staff about possible violations of the securities laws, to identify the types of language that the SEC found to be problematic and the types of provisions that the SEC believes are desirable, if not legally mandated, to protect employee whistleblower rights and avoid impeding communications under Rule 21F-17(a).

Beginning in 2015, the SEC has actively enforced Rule 21F-17(a), focusing on provisions in separation agreements and other employee-related documents that potentially prevent employees from reporting legal violations to the SEC. The SEC’s efforts have resulted in settled orders involving alleged violations of the rule. The cases generally allege that provisions in employee separation agreements or other documents violated the rule because they prohibited or chilled employee communications with the SEC about possible legal violations.

Entities subject to SEC regulation (including public companies, broker-dealers and investment managers) should review their confidentiality agreements with employees and consider whether changes are warranted to address the SEC’s concerns as identified in the Rule 21F-17(a) cases.

Practical guidance regarding important whistleblower developments from experienced securities lawyer.

The purpose of this paper is to recommend proactive measures that companies should take to manage reports of securities violations under the SEC's new whistleblower program.

The paper explains the whistleblower bounty program and recommends ten proactive measures that companies should consider.

Companies have an incentive to investigate reports of potential violations quickly while also ensuring compliance with the anti‐retaliation protections.

Companies should take steps now to bolster internal reporting and investigative procedures and encourage employees to utilize internal reporting mechanisms.

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

The purpose of this paper is to point out similarities and differences between the CFTC's and the SEC's final whistleblower incentive and protection rules, both recently adopted as mandated by the Dodd‐Frank Act.

The paper explains the purpose of the rules, a dissenting CFTC vote concerning internal reporting, and a few notable differences between the CFTC's and the SEC's rules, and recommends compliance measures that companies should take.

Given the incentives that both agencies' programs give to whistleblowers to report violations directly to the regulators, a company subject to either program would be well advised to enhance its culture of compliance, bolster its internal reporting processes, and encourage employees to utilize internal reporting mechanisms.

The paper provides expert guidance from experienced financial services lawyers.

ALL THE WHILE that the Carnegie Free Public Library brought culture and information and just plain entertainment to the residents of my home town, The Other Library there also provided the inhabitants with information and entertainment. This latter institution was far more powerful, all‐knowing, and, if the truth be told, more popular with its patrons, for all its sometimes shoddiness, than ‘Mister Carnegie's Lib'ary’. It never shut down, not even on holidays or Sundays, and its operations were as busy before 9 a.m. and after 9 p.m. as the Public Library was during that twelve‐hour stretch of community service. It had no librarian to keep it in order and cost no money at all to maintain, nor did folk have to mind their p's and q's to reap its benefits. The Other Library was Smalltown Gossip.

The monograph argues that American racism has two colours (white and black), not one; and that each racism dresses itself not in one clothing, but in four: (1) “Minimal” negative, when one race considers another race inferior to itself in degree, but not in nature; (2) “Maximal” negative, when one race regards another as inherently inferior; (3) “Minimal” positive, when one race elevates another race to a superior status in degree, but not in nature; and (4) “Maximal” positive, when one race believes that the other race is genetically superior. The monograph maintains that the needs of capitalism created black slavery; that black slavery produced white racism as a justification for black slavery; and that black racism is a backlash of white racism. The monograph concludes that the abolition of black slavery and the civil rights movement destroyed the social and political ground for white and black racism, while the modern development of capitalism is demolishing their economic and intellectual ground.

It is now forty years since there appeared H. R. Plomer's first volume Dictionary of the booksellers and printers who were at work in England, Scotland and Ireland from 1641 to 1667. This has been followed by additional Bibliographical Society publications covering similarly the years up to 1775. From the short sketches given in this series, indicating changes of imprint and type of work undertaken, scholars working with English books issued before the closing years of the eighteenth century have had great assistance in dating the undated and in determining the colour and calibre of any work before it is consulted.

Dealing with the subject of the artificial bleaching of flour, The Lancet observes that the public criterion of quality in respect of foods and beverages shows some interesting anomalies. Appreciation is often based, for example, on appearance, on how things look, and it is in this direction that conclusions often and obviously become illogical. In some instances the article demanded must be spotlessly white, while in others, if naturally white, it must be artificially coloured. The white loaf is a popular fancy, but white milk is suspected, and yet natural flour may be of a rich golden colour, while rich milk may have only a shade of brownish colour which is supposed to connote cream. The result is that in the one case flour is often deprived of its colour by a process of chemical bleaching, and that in the other an artificial colouring is added. Natural colour is objected to on the one hand, and on the other an artificial addition is demanded. It may be urged that both expedients are justifiable inasmuch as they meet a popular fancy, and that this counts in the enjoyment and even digestibility of the foods. If artificial means are employed to adjust the appearance of food to a popular standard, the proceeding can clearly only be allowed when it has been proved beyond all doubt that the products are not dietetically impaired or that they do not masquerade as something which they are not.

A pæan of joy and triumph which speaks for itself, and which is a very true indication of how the question of poisonous adulteration is viewed by certain sections of “the trade,” and by certain of the smaller and irresponsible trade organs, has appeared in print. It would seem that the thanks of “the trade” are due to the defendants in the case heard at the Liverpool Police Court for having obtained an official acknowledgment that the use of salicylic acid and of other preservatives, even in large amounts, in wines and suchlike articles, is not only allowable, but is really necessary for the proper keeping of the product. It must have been a charming change in the general proceedings at the Liverpool Court to listen to a “preservatives” case conducted before a magistrate who evidently realises that manufacturers, in these days, in order to make a “decent” profit, have to use the cheapest materials they can buy, and cannot afford to pick and choose; and that they have therefore “been compelled” to put preservatives into their articles so as to prevent their going bad. He was evidently not to be misled by the usual statement that such substances should not be used because they are injurious to health— as though that could be thought to have anything to do with the much more important fact that the public “really want” to have an article supplied to them which is cheap, and yet keeps well. Besides, many doctors and professors were brought forward to prove that they had never known a case of fatal poisoning due to the use of salicylic acid as a preservative. Unfortunately, it is only the big firms that can manage to bring forward such admirable and learned witnesses, and the smaller firms have to suffer persecution by faddists and others who attempt to obtain the public notice by pretending to be solicitous about the public health. Altogether the prosecution did not have a pleasant time, for the magistrate showed his appreciation of the evidence of one of the witnesses by humorously rallying him about his experiments with kittens, as though any‐one could presume to judge from experiments on brute beasts what would be the effect on human beings—the “lords of creation.” Everyone reading the evidence will be struck by the fact that the defendant stated that he had once tried to brew without preservatives, but with the only result that the entire lot “went bad.” All manufacturers of his own type will sympathise with him, since, of course, there is no practicable way of getting over this trouble except by the use of preservatives; although the above‐mentioned faddists are so unkind as to state that if everything is clean the article will keep. But this must surely be sheer theory, for it cannot be supposed that there can be any manufacturer of this class of article who would be foolish enough to think he could run his business at a profit, and yet go to all the expense of having the returned empties washed out before refilling, and of paying the heavy price asked for the best crude materials, when he has to compete with rival firms, who can use practically anything, and yet turn out an article equal in every way from a selling point of view, and one that will keep sufficiently, by the simple (and cheap) expedient of throwing theory on one side, and by pinning their faith to a preservative which has now received the approval of a magistrate. Manufacturers who use preservatives, whether they are makers of wines or are dairymen, and all similar tradesmen, should join together to protect their interests, for, as they must all admit, “the welfare of the trade” is the chief thing they have to consider, and any other interest must come second, if it is to come in at all. Now is the time for action, for the Commission appointed to inquire into the use of preservatives in foods has not yet given its decision, and there is still time for a properly‐conducted campaign, backed up by those “influential members of the trade” of whom we hear so much, and aided by such far‐reaching and brilliant magisterial decisions, to force these opinions prominently forward, in spite of the prejudice of the public; and to insure to the trades interested the unfettered use of preservatives,—which save “the trade” hundreds of thousands of pounds every year, by enabling the manufacturers to dispense with heavily‐priced apparatus, with extra workmen and with the use of expensive materials,—and which are urgently asked for by the public,—since we all prefer to have our foods drugged than to have them pure.

Aarhus Kommunes Biblioteker (Teknisk Bibliotek), Ingerslevs Plads 7, Aarhus, Denmark. Representative: V. NEDERGAARD PEDERSEN (Librarian).

Using the philosophical lenses of revisionist ontology and the politics of personhood, this paper explores the notion of Black Founders of the United States. I introduce the concept critical intellectual agency to argue that Black Founders brought unique contributions to the American experience. Their efforts were twofold. First, Black Founders established separate Black institutions that would become staples in Black communities after emancipation. Second, Black Founders challenged the supposed egalitarian beliefs of White Founders through media outlets. To illustrate, I focus on one Black Founder, Benjamin Banneker and his letter to Thomas Jefferson to illustrate how Black Founders philosophically responded and challenged White Founders prejudicial beliefs about Blackness. This paper seeks to challenge social studies teachers’ curricular and pedagogical approaches to Black Americans during the colonial period by providing a heuristics and language to explore the voices of Black Americans in U.S. history.