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Private Enforcement versus Public Enforcement
SSRN Electronic Journal, 2019This paper sheds light on the ‘private-vs.-public enforcement’ debate. In the first part, using EU internal market law as an example, it will be illustrated that the (relative) effectiveness of private and public instruments of enforcement is significant not only from a policy point of view, but in fact also for the application of legal principles.
J. Franck
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2020
The chapter analyses the public enforcement of the conduct of business regulation of South Korea and the UK. The UK’s public enforcement by the regulator is a compliance-focused approach. This approach relies on the goodwill of financial institutions and focuses on helping to improve the internal control system to facilitate compliance. However, as the
Jungho Kim
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The chapter analyses the public enforcement of the conduct of business regulation of South Korea and the UK. The UK’s public enforcement by the regulator is a compliance-focused approach. This approach relies on the goodwill of financial institutions and focuses on helping to improve the internal control system to facilitate compliance. However, as the
Jungho Kim
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SSRN Electronic Journal
Abstract This chapter examines public enforcement’s role in capital market development, challenging earlier claims that minimize its significance. It reviews empirical studies that use resource-based measures to assess public enforcement’s impact on financial market performance, capital flows, and regulatory reforms.
Howell Edmunds Jackson, Jeffery Y. Zhang
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Abstract This chapter examines public enforcement’s role in capital market development, challenging earlier claims that minimize its significance. It reviews empirical studies that use resource-based measures to assess public enforcement’s impact on financial market performance, capital flows, and regulatory reforms.
Howell Edmunds Jackson, Jeffery Y. Zhang
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Social Science Research Network, 2021
Does enhanced regulatory transparency facilitate alignment of private and public enforcement? Utilizing the SEC's 2004 decision to publicly disclose its comment letters, we explore the actions of the SEC and shareholder litigants. We find the two parties
Amy P. Hutton, Susan Shu, Xin Zheng
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Does enhanced regulatory transparency facilitate alignment of private and public enforcement? Utilizing the SEC's 2004 decision to publicly disclose its comment letters, we explore the actions of the SEC and shareholder litigants. We find the two parties
Amy P. Hutton, Susan Shu, Xin Zheng
semanticscholar +1 more source
Public Enforcement of Law [PDF]
Criminal Law and Economics applies economic theory to explain crime, law enforcement, criminal law and criminal procedure. This pathbreaking book draws together sixteen chapters by leading scholars in the field, summarizing theoretical and empirical work researched to date on criminal law and economics.
A. Mitchell Polinsky, Steven Shavell
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Breaking Down Silos in Public Enforcement: Lessons from Consumer-Facing Markets
, 2021The digitalisation of markets and the economy has brought new challenges to public enforcement since the same company behaviour can fall within the competence of different authorities (e.g. competition, data protection and consumer authorities).
A. Reyna
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Public Enforcement of Law [PDF]
SSRN Electronic Journal, 2002 This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of public enforcement of law - the use of public agents (inspectors, tax auditors, police, prosecutors) to detect and to sanction violators of legal rules.
A. Mitchell Polinsky, Steven Shavell
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The frequency of corporate misconduct: public enforcement versus private reality
Journal of Financial Crime, 2019Purpose Perceptions about the frequency of misconduct – among the public, academics and even regulators – have largely been formed by examining enforcement statistics, which rely on the detection and sanctioning of the misconduct.
Eugene F. Soltes
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Public participation in China: the case for environmental enforcement
Journal of Chinese Governance, 2021This paper addresses the impact of formal and institutionalized public participation on local environmental enforcement in contemporary China. I gathered 14 years (2000–2014) worth of public participation data (e.g.
Jun Li
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Measuring Accounting Fraud and Irregularities Using Public and Private Enforcement
, 2021Most accounting studies use only public enforcement actions (SEC cases) to measure accounting fraud. However, private cases (securities class actions) also play an important enforcement role.
D. Donelson +3 more
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