Already have an account? Get multiple benefits of using own account!
Login in your account..!
Remember me
Don't have an account? Create your account in less than a minutes,
Forgot password? how can I recover my password now!
Enter right registered email to receive password!
Case: Assume that the Securities and Exchange Commission (SEC) has a rule under which it enforces statutory provisions prohibiting insider trading only when the insiders make monetary profits for themselves. Then the SEC makes a new rule, declaring that it has the statutory authority to bring enforcement actions against individuals even if they did not personally profit from the insider trading. The SEC simply announces the new rule without conducting a rulemaking proceeding. A stockbrokerage firm objects and says that the new rule was unlawfully developed without opportunity for public comment. The brokerage firm challenges the rule in an action that ultimately is reviewed by a federal appellate court. Using the information presented in the chapter, answer the following questions.
Question 1: Is the SEC an executive agency or an independent regulatory agency? Does it matter to the out-come of this dispute? Explain.
Question 2: Suppose that the SEC asserts that it has always had the statutory authority to pursue persons for insider trading regardless of whether they personally profited from the transaction. This is the only argument the SEC makes to justify changing its enforcement rules.
Question 3: Would a court be likely to find that the SEC's action was arbitrary and capricious under the Administrative Procedure Act (APA)? Why or why not?
Question 4: Would a court be likely to give Chevron deference to the SEC's interpretation of the law on insider trading? Why or why not?
Now assume that a court finds that the new rule is merely "interpretive." What effect would this determination have on whether the SEC had to follow the APA's rulemaking procedures?
Which does a better job of explaining what depositions are and how they function in the pre-trial process? How so?
Principles/characters: What elements did you like best? Which characters did you like best and why? How does the author unfold the story or the main idea of the book
Explain the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display. Discuss the different employment types and relationships relevant to agency law, and analyze the advantages and disadva..
Issues and Dilemmas of Contemporary Public Administration. In 3-4 pages, discuss public interest, administrative responsibility and some of the recent ethical obligations confronting public administrators in their day to day decision making
In reviewing actual cash flows for the past three months and the cash budgets for the next three, a hotel manager notices that the cash sales revenue.
CSE3PE, CSE5PE - Professional Environment - Read the case study below and then briefly discuss any ethical issues related to any of the people mentioned (by name) in the scenario and four-step Ethical Analysis and Decision Making Proces
Share an experience with a leader in your life who seemed self-aware, and how that leader affected you. Remember to give examples with your answer
Explain the symptoms, how the diagnosis is made (e.g., findings on brain imaging, laboratory testing, etc.), the neurobiological basis for the disorder.
Advise Nathan if there is a valid contract with Dubious Connections Pty Ltd, and any remedies that may be available to him.
chinawa a major processor of cheese sold throughout the united states employs one hundred workers at its principal
The legal system in the United States is essentially a common law system that depends heavily on the decisions in previous cases. What does this system mean for the development of law, and how does this system affect the ability of firms to consid..
Visit the web site of VA state department of public health and review some of the rules adopted by the department. Then describe briefly a function of your states department of public health which you were unaware of. Discuss why this is regulated..
Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!
whatsapp: +1-415-670-9521
Phone: +1-415-670-9521
Email: [email protected]
All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd