The Best Disinfectant: Analyzing the Implementation of Disclosure Requirements in Securities and Corporate Governance Regulation

Wednesday, January 1st, 2003 at 12:00 am by Shalini M. Aggarwal, Karessa Cain, Wally Suphap, Kenji Taneda, Yair Galil
Shalini M. Aggarwal, Karessa Cain, Wally Suphap, Kenji Taneda, Yair Galil, The Best Disinfectant: Analyzing the Implementation of Disclosure Requirements in Securities and Corporate Governance Regulation, 2003 Colum. Bus. L. Rev. 579

The opening half of the survey accordingly examines a few of the bodies charged with implementing disclosure requirements. First, the SEC’s regulatory strategy is scrutinized for historical patterns in From the Individual to the Institution: The SEC’s Evolving Strategy for Regulating the Capital Markets. The second piece, New Efforts to Strengthen Corporate Governance: Why Use SRO Listing Standards? assesses the institutional competencies of self-regulatory organizations such as the NYSE, as contrasted with an enforcement-empowered government agency such as the SEC.

The latter half of the survey addresses two charged issues in disclosure regulation that have sparked much heated commentary in the professional community. Getting it Right Versus Getting it Quick: The Quality-Timeliness Tradeoff in Corporate Disclosure deals with the tensions between timeliness and quality of disclosure, and highlights some of the main points of concern relating to the SEC’s demand to improve both. Finally, Sarbanes-Oxley, Foreign Issuers and United States Securities Regulation considers the special status that the United States’ regime of securities regulation has traditionally granted foreign issuers, and analyzes how that special status has held up through the recent legislative developments.

Author Information

Aggarwal, Cain, Suphal, Taneda - Survey Authors; Galil - Survey Editor