Book contents
- The Cambridge Handbook of Law and Entrepreneurship in the United States
- The Cambridge Handbook of Law and Entrepreneurship in the United States
- Copyright page
- Contents
- Contributors
- Introduction
- 1 Entrepreneurial Action
- Part I Regulating, Lawmaking, and Entrepreneurial Action
- 2 The Rise of Regulatory Affairs in Innovative Startups
- 3 Gauguin, Darwin, and Design Thinking
- 4 Between the Devil and the SEC
- 5 The Politics of Entrepreneurial Capital-Raising
- 6 Venture Exchange Regulation
- Part II Governance and Entrepreneurial Action
- Part III Legal Incentives Supporting (and Sometimes Discouraging) Entrepreneurial Action
4 - Between the Devil and the SEC
from Part I - Regulating, Lawmaking, and Entrepreneurial Action
Published online by Cambridge University Press: 07 April 2022
- The Cambridge Handbook of Law and Entrepreneurship in the United States
- The Cambridge Handbook of Law and Entrepreneurship in the United States
- Copyright page
- Contents
- Contributors
- Introduction
- 1 Entrepreneurial Action
- Part I Regulating, Lawmaking, and Entrepreneurial Action
- 2 The Rise of Regulatory Affairs in Innovative Startups
- 3 Gauguin, Darwin, and Design Thinking
- 4 Between the Devil and the SEC
- 5 The Politics of Entrepreneurial Capital-Raising
- 6 Venture Exchange Regulation
- Part II Governance and Entrepreneurial Action
- Part III Legal Incentives Supporting (and Sometimes Discouraging) Entrepreneurial Action
Summary
Entrepreneurship may entail innovation and disruption, but ideas need businesses to effectuate them, and businesses require financing. Financing inevitably entails regulation – securities regulation. Securities law has never been static, but it has evolved rapidly and in a complex dynamic between Congress and the Securities and Exchange Commission (SEC). These two bodies create the rules of the road for entrepreneurs who grapple with the challenges of raising capital. Entrepreneurs being entrepreneurial, they naturally will seek to disrupt the regulatory status quo. What should Ms. Entrepreneur seek when she goes to Washington? History makes clear that as important as getting legislation passed is knowing the optimal shape of that legislation. In this chapter I’ll use the history of financial regulation to articulate the distinction between legislation that dictates and legislation that delegates – and explain why the former is more attractive to the entrepreneur than the latter.
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- Publisher: Cambridge University PressPrint publication year: 2022