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Question: 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.
Is the SEC an executive agency or an independent regulatory agency? Does it matter to the out-come of this dispute? Explain.
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.
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?
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?
The main reasons why the court ruled that videotaping a movie from television to watch later was not an infringement of copyright. (Use the fair use doctrine to frame your argument).
the public duties of the healthcare professional require a significant amount of reporting. recent legislation
What was the decision of the U. S. Supreme Court in this matter? Was the lower court's decision affirmed, reversed, or remanded? Were there any dissenters?
Discuss Immanuel Kant's Ethical Theory i.e., deontology and how it may apply to modern policing ethical practices. In doing so,describe the theory of deontology
Signal Sets Company contracts to deliver one hundred 52-inch plasma high-definition television sets to a new retail customer, Tuner TV Store, on May 1, with payment to be made on delivery. Signal tenders delivery in its own truck. Tuner's manager not..
Why Microbes occupy the central position in the "One Health" diagram. Provide an example to support your reasoning.
How does being a market participant affect the right of a state to discriminate against out-of-state businesses? Is such discrimination justified? Include proper in-text citations in APA format to support your answer.
Differentiate between ethics and ethical behavior. Why are ethical practices and corporate social responsibility critical issues for contemporary managers?
How is justice defined by modern criminal justice agencies and other entities involved in the criminal justice system? How does this differ from security?
The Assignment (3 pages in APA format): To demonstrate proper case analysis using Cooper's ethical decision-making model, your assignment should include.
What are the effects of the type of business entity on the ability to contract for the sale of the business? Sole Proprietorship, Partnership, Corporation, and LLC.
1. discuss the evolution of al qaeda.nbsp do you think the u.s. should have been more cognizant of the beginnings of
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