edited by Justin O'Brien (Centre for Applied Philosophy and Public Ethics and Charles Sturt University, Australia)

Table of Contents (79k)
Preface (80k)
Introduction: The Dynamics of Capital Market Governance (157k)
Chapter 1: The Conceptual Underpinnings of Australian Securities Regulation (116k)

Global capital markets are in a state of flux. Castigated in the past as “Barbarians at the Gate”, private equity providers are once again proclaiming the end of the public corporation. This important book addresses the implications of private equity for the governance of corporations, the capital markets in which they operate and the professionals who provide corporate advisory services.

The book evaluates and ranks the precise nature of the risk posed by private equity by situating it within an overarching analysis of the dynamics of financial capitalism. Key issues addressed include: the management of conflicts of interest, fiduciary duties, the role of enforcement, the efficacy of adopting a rules- or principles-based system of regulation, the form and function of compliance, and a detailed examination of how to embed accountability into an integrity system for the financial markets. The book therefore has enormous benefit for industry, regulatory and academic communities alike.

• Introduction: The Dynamics of Capital Market Governance (J O'Brien)
• The Conceptual Underpinnings of Australian Securities Regulation (M Rodgers)
• Evolving 'Rules of the Game' in Corporate Governance Reform (J Hill)
• Overlapping Fields and Constructed Legalities: The Endogeneity of Law (L B Edelman)
• The Significance of Relative Autonomy in How Regulation of the Financial Services Sector Evolves (G Gilligan)
• ASIC v Citigroup: Investment Banks, Conflicts of Interest, and Chinese Walls (P F Hanrahan)
• Enforcement of Capital Markets Regulation: The United Kingdom and Its International Markets (I MacNeil)
• Why Auditors Don't Find Fraud (N M Hodson)
• Compliance, Ethics and Responsibility: Emergent Governance Strategies in the US and UK (D McBarnet)
• Professional Norms (D Cocking)
• Sarbanes-Oxley and the Search for Accountable Corporate Governance (M J Dubnick)
• Charting an Icarian Flightpath: The Implications of the Qantas Deal Collapse (J O'Brien)
• Institutions, Integrity Systems and Market Actors (S Miller)