Market vs. regulatory responses to corporate fraud: A critique of the Sarbanes-Oxley Act of 2002

From: Journal of Corporation Law | Date: October 1, 2002| Author: | Copyright information

The latter part of the 20th century saw a debate about the appropriate approach to regulating the corporation. The traditional view was that governance of the large corporation was and should be largely determined by government regulation. This approach seemed justified by the lack of an effectiv e means by which the shareholders could exert control over their ownership interests or the firm's governance terms. Under this view, as espoused by influential commentators such as the Columbian cartel (Adolf Berle,1 William Cary,2 and John Coffee3), the owners' powerlessness left managers with the ...

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