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Governing the Modern CorporationCapital Markets, Corporate Control, and Economic Performance$
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Roy C. Smith and Ingo Walter

Print publication date: 2006

Print ISBN-13: 9780195171679

Published to Oxford Scholarship Online: September 2006

DOI: 10.1093/0195171675.001.0001

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Government Regulation and Corporate Governance

Government Regulation and Corporate Governance

(p.219) 9 Government Regulation and Corporate Governance
Governing the Modern Corporation

Roy C. Smith (Contributor Webpage)

Ingo Walter (Contributor Webpage)

Oxford University Press

The US regulatory framework has evolved since the 1930s, aiming to protect investors from abuse and exploitation. However, this regulation could only restrict specific, identified transactions and practices. If not so restricted, a business practice was considered permissible. Every few years, a dynamic market environment will tend to produce new practices and transactions, and in time the regulatory machinery catches up and declares some of them impermissible. When a major episode of misconduct occurs, the regulatory machine accelerates and catches up quickly. When this happens, sudden and sometimes retroactive changes in the “ground rules” are declared that inevitably catch a number of practitioners off guard.

Keywords:   government regulation, corporate governance, free market, Adam Smith

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