Exemptions from Securities Act Registration

2021 ◽  
pp. 51-92
Author(s):  
Marc I. Steinberg
Keyword(s):  
Investor Protection ◽  
Capital Formation ◽  
Best Interests ◽  
Securities Markets ◽  
The Past

This chapter addresses the convoluted SEC exemption framework and offers measures for effective reform. During the past four decades, Congress and the SEC have engaged in piecemeal alterations to the exemption framework. As a consequence, the exemption framework lacks clarity and unduly favors capital formation at the expense of investor protection. The chapter accordingly focuses on the exemption framework for both primary offerings and resales of securities. Its objectives are to explain why the current regimen is incompatible with the best interests of investors and the securities markets as well as to recommend the implementation of a revised framework that effectuates a more sound exemption framework. Hence, as set forth herein, the SEC’s exemption framework should be restructured so that the exemptions are tailored in a balanced manner that satisfies both issuer and investor needs.

Promoting the Best Possible Death

2020 ◽  
pp. 111-136
Author(s):  
Christopher Newdick ◽  
Christopher Danbury
Keyword(s):  
Intensive Care ◽  
Clinical Practice ◽  
Terminally Ill ◽  
Best Interests ◽  
Subjective Beliefs ◽  
Sanctity Of Life ◽  
The Past ◽  
Terminally Ill Patients ◽  
Patient Will ◽  
Considerable Range

What are the best interests of terminally ill patients in intensive care who lack capacity to decide for themselves? At what stage should their care be considered futile? Although this important question arises at a crucial moment in a person’s life, there is room for a considerable range of responses. What is the relevance, for example, of a belief in the sanctity of life, the likelihood that the patient will get better, the suffering and indignity caused by treatment, the wishes of patients and their relatives, or the interests of other needy patients? In the past, these difficulties were often quietly settled by doctors, guided, when possible, by patients and by their relatives. Now, when disagreement leads to dispute, the courts have been required to provide solutions of their own. In doing so, they grapple with the balance between the patient’s subjective beliefs and wishes (assisted by their relatives), and doctors’ experience of the challenges further treatment may cause the patient. We consider how the law and clinical practice have evolved and the framework of procedures and values within which these troubling cases should be considered.

THE RESPONSIBILITY OF THE DAIRY INDUSTRY TO THE CONSUMER1

1958 ◽  
Vol 21 (4) ◽  
pp. 102-106
Author(s):  
J. C. Flake
Keyword(s):  
Dairy Industry ◽  
Milk Quality ◽  
Point Of View ◽  
Best Interests ◽  
Dairy Production ◽  
The Past ◽  
The Future

Serving the best interests of the consumer is the responsibility of industry and of regulatory officials. This requires that both be adaptable to change; have a long-rang point of view; and concentrate on problems of the future rather than those of the past. Emphasis is needed on fundamentals in milk quality and sanitation; increasing consumer appeal; and continual increase in efficiency of dairy production.

Discretion to Decline to Exercise Jurisdiction

1987 ◽  
Vol 81 (1) ◽  
pp. 129-135 ◽  
Author(s):  
Edward Gordon
Keyword(s):  
International Law ◽  
General Rule ◽  
Best Interests ◽  
The Political ◽  
The Past ◽  
Exercise Of Discretion

The Nicaragua case raises anew long-unresolved questions about the circumstances in which the Court may or should decline to exercise its jurisdiction. It is far from self-evident, of course, that in the absence of a specific grant of discretionary authority the Court is entitled to abstain from judging the merits of a contentious case, once it is satisfied that its jurisdiction has been established. Its judgments, however, and some supportive scholarly writings, suggest variously that discretionary authority is inherent in the Court as a judicial institution; that it is to be inferred from language contained in Articles 36 and 38 of the Statute; that it is implicit in the nature of international law or the remedies available to the Court to fashion relief for violations of it; or that unless otherwise indicated it should be deemed implicit in, even coextensive with, express grants of jurisdiction. In this brief survey, I will suggest that as a general rule the discretionary authority of the Court derives principally from the political community’s tacit acceptance of the Court’s assertions of discretion; that this validation is ambiguous and tenuous, at best; and that it is in the institutional best interests of the Court to justify its exercise of discretion, in each instance, in a more candidly principled way than it has done in the past.

scholarly journals Ownership structure and incentives to invest: dual-structured irrigation cooperatives in Australia

2010 ◽  
Vol 6 (2) ◽  
pp. 261-280 ◽  
Author(s):  
BRADLEY PLUNKETT ◽  
FABIO R. CHADDAD ◽  
MICHAEL L. COOK
Keyword(s):  
Ownership Structure ◽  
Capital Investment ◽  
Irrigation System ◽  
Capital Formation ◽  
Investment Incentives ◽  
Costs And Benefits ◽  
Structure System ◽  
The Past ◽  
Trade Offs

Abstract:In the past decade, Australia has begun to privatize its irrigation system. Two general models have emerged: a single and a dual ownership structure. This paper examines the trade-offs, costs and benefits, and the attendant efficiencies regarding costs of ownership. In particular, we examine member capital investment incentives and resultant risk-bearing costs related to capital formation. The paper concludes that the dual ownership structure system has significant economic advantages relative to its single-structured counterpart.

Capital Formation and Agricultural Growth in China

2013 ◽  
Vol 12 (1) ◽  
pp. 166-190 ◽  
Author(s):  
Hengyun Ma ◽  
Jikun Huang ◽  
Les Oxley
Keyword(s):  
Capital Investment ◽  
Public Investment ◽  
Capital Formation ◽  
Public And Private ◽  
Agricultural Growth ◽  
Tfp Growth ◽  
The Past ◽  
Primary Driver ◽  
Chinese Agriculture ◽  
Rural Wages

The paper considers the role and determinants of capital formation in Chinese agriculture and, in particular, the effects of capital formation on agricultural total factor productivity (TFP) growth. The results show that capital investment in agriculture by both government and farmers has risen significantly in the past two and a half decades, particularly in recent years. As China remains in the early stages of agricultural policy transition, its political economy would suggest that there will likely be more public investment in, and more subsidies to, agriculture in the coming years. Increased public investment in agriculture appears to have also induced increased farmers' capital formation in agriculture. Credit policy, the overall growth of farmer's income, rural wages, and comparative advantage of commodities are important factors that may facilitate farmers' investment in agriculture. The results also show that the successful growth of China's agriculture has been associated with its high TFP growth. Both public and private agricultural capital formations have played an important role in raising China's agricultural productivity. The TFP decomposition analyses show that technological change is a primary driver of the TFP growth in China's agriculture.

scholarly journals Wielding the past to voice the future: an exploration of Indigenous Australians’ sustained call to be heard

2020 ◽  
Vol 5 (1) ◽  
Author(s):  
Joseph Khan
Keyword(s):  
Self Determination ◽  
Best Interests ◽  
Indigenous Australians ◽  
Aboriginal Australians ◽  
The Past ◽  
The Future ◽  
Indigenous Voice

This essay explores why ‘voice’ has been a sustained desire for Indigenous Australians throughout history. By placing past efforts surrounding recognition, citizenship and self-determination on a continuum of progress, this text presents an argument for an unwavering, Indigenous voice to be enshrined in the Australian Constitution in order to serve the best interests of Aboriginal Australians.

scholarly journals PARENTAL CHILD ABDUCTION CASES: PREVENTION IS BETTER THAN CURE

Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Frans M Mahlobogwane
Keyword(s):  
South African ◽  
Hague Convention ◽  
Best Interests ◽  
Child Abduction ◽  
The Past ◽  
International Child ◽  
Legislative Framework ◽  
The Hague ◽  
The Hague Convention ◽  
Better Than

The past few decades have witnessed an unprecedented growth of child abduction cases that has generated the need for legislative framework governing such cases. This happened, after a period of uncertainty on how the courts should deal with abduction cases, as a result our South African legislature incorporated the Hague Convention on the Civil Aspects of International Child Abduction Act 72 of 1996. The Act came into operation on the 01 October 1997, making the Hague Conventionapplicable in South Africa. This paper will look into the issue of prevention of parental child abduction and whether such prevention will promote the child's best interests in such cases.

MORE UNWED FATHERS PUSH FOR EQUAL SAY IN ADOPTIONS

PEDIATRICS ◽  
1989 ◽  
Vol 84 (4) ◽  
pp. A84-A84
Keyword(s):  
Census Bureau ◽  
Best Interests ◽  
Legal Rights ◽  
Parental Rights ◽  
Unwed Mothers ◽  
Unwed Mother ◽  
The Past ◽  
The Supreme Court ◽  
Unwed Fathers ◽  
The Right

As society's attitudes change toward non-marital relationships, more unwed fathers are coming forward and fighting to block the adoption of their children. In the past year alone there have been more than a dozen such suits. The outcome of these cases could have a wide impact: More than 800,000 illegitimate children were born last year, according to the U.S. Census Bureau. The number is growing by as much as 50,000 annually, says a bureau spokesman. Until the early 1970's, unwed fathers had no legal rights to their children. . . Then the Supreme Court ruled that it was unconstitutional not to notify fathers of proceedings to terminate their parental rights. The ruling also gave unwed fathers the right to argue at such proceedings that it was in the best interests of the children to remain with them. Nonetheless, unwed fathers still do not enjoy the same legal protections as unwed mothers, family-law experts agree. An unwed mother can block an adoption by simply withholding consent. The rights of unwed fathers, on the other hand, are governed by laws that vary from state to state. In many states, an unwed father is permitted to deny consent to an adoption only if he openly declares himself the father, offers financial support for the child, and has lived with the child or its mother for a designated period of time. . .

Understanding the Impact of Securities Markets Reform on the Economy of Brazil

2014 ◽  
pp. 339-349
Author(s):  
Deboshree Banerji ◽  
Rituparna Das
Keyword(s):  
Global Economy ◽  
Developing Economies ◽  
The Other ◽  
Securities Market ◽  
Securities Markets ◽  
The Past ◽  
The World ◽  
International Standing ◽  
The Impact ◽  
Insight Into

The economic strength of a country depicts the international standing of a nation and also reflects the significance of the country in moulding the trends of the global economy equally. The Brazilian economy, like many developing economies, has many facets that have developed and matured with time. The Brazilian securities market has undergone much change over the past decade. The reforms that started with the implementation of the “Plano Real” have accelerated the Brazilian market and economy exponentially, thus making the economy one of the major investment destinations, with some calling it the “next superpower.” The fact that the Brazilian economy is a commodities-dominated economy has led the authors to probe into the various nuances related to the securities markets of Brazil, leading to this chapter through which we get a glimpse into the reforms in the securities market and the effect it has on the country as well as the world. The chapter meanders through the development of the Brazilian economy and provides insight into the heart of the Brazilian economy, thereby discussing the effect of the reforms on the economy of the country, how the same strikes the global economy, and the lessons that the country can learn from the other BRICS counterparts, through which it can consolidate its position.

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