entity · derived
Enforcement
Derived node: assembled mechanically from the claims carrying enforcement. A roster, not an adjudicated definition.
Every claim under this term
- 617681-030 : For cross border enforcement the critical question is not whether a judgment will be enforced in another Member State but when: eventual enforcement is insufficient if a party has time to remove asset
- 1664809-016 : For European jurisdictions the extraterritorial application of US law creates confusion and legal uncertainty and makes it harder to regulate private parties who engage in regulatory arbitrage by taki
- 1664809-037 : If national securities regulators are unable or unwilling to cooperate with each other, there is likely to be more securities fraud.
- 1806252-008 : If regulators lack the resources to protect against systemic risk, hedge fund regulation could be futile.
- 2029983-012 : Bifurcation lets a party to a disputed offshore transaction reintroduce U.S. law into the civil liability regime by threatening to involve the SEC or DOJ unless the other party offers an attractive se
- 2267560-023 : Unenforceable rules are irrelevant for purposes of economic analysis because they provide neither incentives nor sanctions, and legal rules without enforcement mechanisms do not qualify as institution
- 2317580-013 : Certification requirements that compel directors and officers to certify compliance with a CIA's provisions lower the procedural and enforcement hurdles for pursuing increased sanctions against noncom
- 2337268-040 : Enforcement of the IAA's prohibited transactions provision is limited because the Supreme Court in Transamerica Mortgage Advisors, Inc. v. Lewis held that a violation of that provision does not suppor
- 2337268-041 : With private enforcement foreclosed, enforcement of the IAA's prohibited transactions provision depends entirely on injunctive relief, administrative sanctions, and criminal prosecution, all of which
- kaal-2014-dynamicregulationviagove-023 : Targeted use of governmental contracts allows the government to successfully reform corporate governance not only in individual public corporations but across entire industries.
- kaal-2014-dynamicregulationviagove-027 : The effectiveness of existing preemptive remedial measures is in question, because the majority of governmental contracts are executed only after those measures have already proved unsuccessful.
- 2714974-014 : Adopting a generic compliance program is not sufficient under Rule 206(4)-7: advisers that fail to specifically tailor their compliance program to their own business have incurred large penalties in S
- 2714974-022 : Neither obvious remedy for the increased sales pressure created by the Rule 506 amendment works well: added disclosure obligations such as filing all Rule 506 sales documents with FINRA or the SEC may
- 2739479-013 : Firms that outsource the chief compliance officer role to third parties face heightened SEC scrutiny and examination risk, and the SEC has signaled that CCO liability arises where CCOs mislead regulat
- 2992962-004 : Personal jurisdiction technically still applies to parties transacting in encrypted distributed smart contracts, but the practicability of enforcement is impossible because physical identifiers are se
- 2992962-005 : Even if every user and supporter of the blockchain and their locations were known, it would still not be possible to exercise jurisdiction in the traditional meaning of the word, because the system op
- 2992962-014 : Even if a state or the federal government passed a law granting a court authority over blockchain smart contract disputes, it is hard to see how the court could in fact exercise that authority short o
- 2992962-020 : Even if courts were given authority to order changes to smart contract code, a programmer coerced by a court could not override the will of the majority of anonymous international blockchain users to
- 2998033-017 : Cryptocurrency gains are massively underreported to the IRS: despite Bitcoin rising from under twenty dollars in 2013 to over twelve hundred dollars in 2017, the IRS received only around 900 Form 8949
- 3002908-007 : Enforcement against the blockchain is unlikely to work because it is maintained and owned by a distributed group of anonymous users worldwide who would not likely recognize or comply with any legal au
- 3017612-015 : Corporate claims frequently go unpursued because the decision to sue rests with directors who are often the wrongdoers themselves, which is why shareholders resort to derivative actions.
- 3373393-032 : Once an optimization proponent has made a deal with the DAO, the deal is recorded in the blockchain and the proponent must deliver on the proposal or the contract is cancelled, which enforces performa
- 3652481-040 : Without a legal wrapper, DAOs face potential regulatory enforcement actions and civil liability not only at the organization level but against individual participants.
- 3981021-010 : Information sharing remedies are self limiting: the Pension Protection Act of 2006 let the IRS share more charity tax record information with state officials so they could investigate possible violati
- 4796714-016 : Decentralized governance structures impose their own costs: with no central authority to coordinate diverse stakeholders, consensus is difficult to reach, negotiations are prolonged, and enforcement o
- 4941807-024 : Enforcing AI regulation in a federated model is complex because different entities may interpret the same regulations differently and may show differing levels of commitment to compliance.
- 4957318-004 : Expanding regulatory oversight across sectors produces regulatory accretion, the cumulative growth of rules, which yields a complex and sometimes contradictory legal environment and burdens the very a
- 5554218-018 : Escrow based enforcement is effective for automation only if it is supported by reliable oracles and robust governance, without which the mechanism is open to manipulation.
- 5554218-020 : Unlike legal systems that balance enforcement against fairness, the binary execution of code offers no mechanism for appeal or mitigation, which limits recourse for aggrieved parties and challenges ba
- 5886342-022 : Where the applicable national property law conflicts directly with the digital ownership provisions of the Codex, the parties undertake by contract not to initiate proceedings to enforce the conflicti
- 5887242-014 : Where national law demands a counterparty for enforcement, parties may voluntarily designate ad-hoc representatives or arbitral institutions, but such arrangements stay external to the DAO and do not
- 6269518-016 : Because policing protocol deviants is expensive, it is individually more efficient to assume others comply and skip policing, which yields a subgame perfect Nash equilibrium in which eventually fewer
- 6269518-017 : Any solution to the citation honesty problem must incorporate dynamic enforcement mechanisms that can evolve in response to gaming strategies, which is the type of evolutionary governance the WDAG fra