Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Board Of Accountancy, M. Colwell Oct 1988

Board Of Accountancy, M. Colwell

California Regulatory Law Reporter

No abstract provided.


Auditor Changes And Opinion Shopping- A Proposed Solution, Dale R. Rietberg Oct 1988

Auditor Changes And Opinion Shopping- A Proposed Solution, Dale R. Rietberg

University of Michigan Journal of Law Reform

This Note argues that the existing regulatory mechanism has failed to address adequately the problem of opinion shopping, and that better means of ensuring the reliability of financial statements are needed. Part I describes the nature and extent of the opinion-shopping problem, including a discussion of its larger, macroeconomic impact. Part II argues that the underlying causes of the problem are systemic and that present safeguards against opinion shopping are inadequate. Finally, Part III examines some alternative solutions and proposes a system of Accounting Issue Inquiry Centers under the direction and auspices of the SEC. These Centers would be designed …


Office Of The Auditor General, K. Gleason Huss, L. Jackson Oct 1988

Office Of The Auditor General, K. Gleason Huss, L. Jackson

California Regulatory Law Reporter

No abstract provided.


Office Of The Auditor General, C. Traxler, M. Livingston Aug 1988

Office Of The Auditor General, C. Traxler, M. Livingston

California Regulatory Law Reporter

No abstract provided.


Board Of Accountancy, J. Graham Aug 1988

Board Of Accountancy, J. Graham

California Regulatory Law Reporter

No abstract provided.


Negligent Accounting And The Limits Of Instrumental Tort Reform, John A. Siliciano Aug 1988

Negligent Accounting And The Limits Of Instrumental Tort Reform, John A. Siliciano

Michigan Law Review

This article first explores the relationship between the accountant and the reliant third party, and recounts the mounting judicial hostility to the accountant's traditional privity defense. Next, the article critically examines the arguments that have supported traditional privity-based regimes. The third section turns to the reform courts and tests whether the rationales offered for reform justify abandoning the privity requirement.

Concluding that a convincing case for reform has yet to be made and - given the complexity of a properly executed instrumental analysis - may never be made, the article's final section reconsiders the utility of instrumental reasoning as a …


Negligent Accounting And The Limits Of Instrumental Tort Reform, John A. Siliciano Aug 1988

Negligent Accounting And The Limits Of Instrumental Tort Reform, John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.


Office Of The Auditor General, C. Traxler, M. Livingston May 1988

Office Of The Auditor General, C. Traxler, M. Livingston

California Regulatory Law Reporter

No abstract provided.


Board Of Accountancy, J. Graham May 1988

Board Of Accountancy, J. Graham

California Regulatory Law Reporter

No abstract provided.


Office Of The Auditor General, C. Traxler, M. Livingston Jan 1988

Office Of The Auditor General, C. Traxler, M. Livingston

California Regulatory Law Reporter

No abstract provided.


Board Of Accountancy, J, Graham Jan 1988

Board Of Accountancy, J, Graham

California Regulatory Law Reporter

No abstract provided.


Accountable Accountants: Is Third-Party Liability Necessary?, Victor P. Goldberg Jan 1988

Accountable Accountants: Is Third-Party Liability Necessary?, Victor P. Goldberg

Faculty Scholarship

Should accountants be liable to third parties if they conduct an audit in negligent manner? A half century ago, in Ultramares Corporation v. Touche, Niven & Co., Cardozo argued that they should not, unless their performance could be characterized as fraud. In recent years, courts in a minority of jurisdictions have concluded that Cardozo's argument is no longer compelling and they have found that "foreseeable" third parties could bring a tort action for ordinary negligence against the accountants. In addition to being subject to tort actions, accountants may also be liable under federal and state securities laws.

Suits against …