文章基本信息

标题：The Scope and Jurisprudence of the Investment Management Regulation
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作者：Frankel, Tamar
期刊名称：Washington University Law Review
印刷版ISSN：2166-7993
电子版ISSN：2166-8000
出版年度：2005
卷号：83
期号：4
页码：939-1015
出版社：Washington University School of Law
摘要：This Article reviews three periods of investment company regulation by the Securities and Exchange Commission (“Commission”). It focuses on the period of 1975 to 2000 in which the Commission granted exemptions on conditions, thus deregulating and reregulating, case-by-case and finally codifying the exemptions in an exemptive rule. The Article analyzes this form of rule-making and compares it to prosecution, settlements, and initial rule-making that typifies the recent years. The Article concludes that the common law method of legislation, especially when it involves a “bargain” between the regulators and law-abiding regulated institutions who wish to innovate, is likely to lead to optimal rules, provided the conditions (re-regulation) are rigorously enforced.
关键词：Institutional investments; Securities industry -- Law & legislation; Investment management; Mutual fund industry; Mutual fund managers; United States