Banking and Finance Legislation

Research conducted by: RAND Justice, Infrastructure, and Environment; RAND Institute for Civil Justice

All Items (23)

Blog

How to Fix Too-Big-to-Fail — Dec 28, 2012

At RAND's Politics Aside event, former FDIC Chair Sheila Bair, former U.S. pay czar Kenneth Feinberg, and M&T Bank CEO Robert Wilmers talk with Reuters' Rob Cox about the best ways to tackle the problematic too-big-to-fail doctrine.

Blog

Feinberg: Financial Regulation Paralyzed by Politics — Dec 4, 2012

During a panel discussion at RAND's Politics Aside event, former U.S. pay czar Kenneth Feinberg says politics has seeped into the financial regulatory process, causing it to grind to a halt.

Report

Corporate Culture and Ethical Leadership Under the Federal Sentencing Guidelines: What Should Boards, Management, and Policymakers Do Now? — Sep 27, 2012

On May 16, 2012, RAND hosted a symposium that brought together senior thought leaders for a discussion about organizational culture and the business and policy ramifications of efforts to build better ethical cultures in corporations.

News Release

Hedge Funds Not a Primary Cause of the Financial Crisis, but Could Contribute to Systemic Risk — Sep 19, 2012

Although hedge funds worsened the financial crisis in certain ways, the industry did not play a pivotal role compared to other agents, such as credit rating agencies, mortgage lenders, and issuers of credit default swaps. However, hedge funds do have the potential to contribute to disruptions of the U.S. financial system.

Report

Hedge Funds Not a Primary Cause of the Financial Crisis, but Could Contribute to Systemic Risk — Sep 19, 2012

Hedge funds did not play a pivotal role in the financial crisis compared to other agents, such as credit rating agencies, mortgage lenders, and issuers of credit default swaps. However, hedge funds do have the potential to contribute to disruptions of the U.S. financial system.

Research Brief

Do Hedge Funds Pose a Systemic Risk to the Economy? — Sep 19, 2012

RAND research finds that hedge funds did not play a pivotal role in the financial crisis of 2007-2008 but assesses how such funds could contribute to systemic risk in the future.

Commentary

Questions After the First U.S. Bank Takeover by a Chinese State-Controlled Company — May 15, 2012

In considering foreign application to acquire U.S. companies, the United States needs to consider both risks as well as benefits in both defense and economic dimensions, write Charles Wolf, Jr., Brian Chow, Gregory Jones, and Scott Harold.

News Release

Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined — Aug 18, 2011

Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.

Report

Asbestos Bankruptcy Trusts and Tort Compensation — Aug 18, 2011

This book examines how state tort laws and court proceedings consider the compensation available from asbestos bankruptcy trusts and the evidence submitted in trust claim forms, and how the establishment of the trusts can affect compensation.

Research Brief

Bankruptcy Trusts, Asbestos Compensation, and the Courts — Aug 18, 2011

People with asbestos injuries are increasingly receiving compensation from trusts set up by bankrupt asbestos defendants. This brief documents how courts handling these cases consider trust payments when determining compensation.

Report

Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest Trusts — Jul 26, 2010

This report describes the creation, organization, governance, and operation of asbestos personal-injury trusts and compiles information on the assets, outlays, claim-approval criteria, and governing boards of the 26 largest trusts.

Journal Article

The Unintended Effects of the Sarbanes-Oxley Act of 2002 — Jan 1, 2010

Evaluates managerial perception of the Sarbanes-Oxley Act of 2002, a stringent rules-based system widely considered the most comprehensive economic regulation since the New Deal.

Report

Perspectives of Chief Ethics and Compliance Officers on the Detection and Prevention of Corporate Misdeeds: What the Policy Community Should Know — Apr 9, 2009

In March 2009, RAND convened a conference on the role and perspectives of corporate chief ethics and compliance officers. Discussions featured input from current and former officers and stakeholders in the nonprofit sector, academia, and government.

Report

The Role of Public and Private Litigation in the Enforcement of Securities Laws in the United States — Oct 1, 2008

This dissertation analyzes the combination of federal and investors' class actions to enforce federal securities laws, as well as how the Sarbanes-Oxley Act disrupts joint public and private litigation to discipline self regulatory organizations like the national stock exchanges, and the effects of these attempted reforms on the market.

Research Brief

Do Benefits of Sarbanes-Oxley Justify the Costs? Empirical Evidence in the Case of Small Firms — Nov 28, 2007

This research brief summarizes the impact of the Sarbanes-Oxley Act (SOX) on small firms based on a review of studies of relative compliance costs, stock-price reactions, and exit patterns from the public market.

Report

The Effects of the Changes in Chapter 7 Debtors' Lien-Avoidance Rights Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 — Jul 25, 2007

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) limited exempt household goods on which debtors could avoid certain liens. This study found no changes in debtor or creditor behavior due to the new limits.

Report

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Evaluation of the Effects of Using IRS Expense Standards to Calculate a Debtor's Monthly Disposable Income — Jul 23, 2007

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires that bankruptcy filers with above-median monthly incomes use IRS standards, not current expenses, to calculate disposable income. This report assesses this law's effects.

Report

Identifying Fraud, Abuse, and Error in Personal Bankruptcy Filings — Jun 5, 2007

A digital bankruptcy case filing system, incorporating lessons from the IRS and GSA as well as the private sector, may be on the horizon to help the U.S. Trustee Program better identify and measure fraud, abuse, and error in personal bankruptcies.

News Release

RAND Study Shows Sarbanes-Oxley Act Had Short-Lived Effect on Small Businesses — May 8, 2006

May 8, 2006 News Release: RAND Study Shows Sarbanes-Oxley Act Had Short-Lived Effect on Small Businesses.

Report

Statistical Forecasting of Bankruptcy of Defense Contractors: Problems and Prospects — Jan 1, 1994

Declining revenues in the defense industry may eventually result in bankruptcies. This report considers whether a model could reliably predict defense contractors' bankruptcy.

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