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Full-Text Articles in Law
The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman
The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman
Seattle University Law Review
After the pioneers, waves, and random walks that have animated the history of securities laws in the U.S. Supreme Court, we might now be on the precipice of a new chapter. Pritchard and Thompson’s superb book, A History of Securities Law in the Supreme Court, illuminates with rich archival detail how the Court’s view of the securities laws and the SEC have changed over time and how individuals have influenced this history. The book provides an invaluable resource for understanding nearly a century’s worth of Supreme Court jurisprudence in the area of securities law and much needed context for …
Three Stories: A Comment On Pritchard & Thompson’S A History Of Securities Laws In The Supreme Court, Harwell Wells
Three Stories: A Comment On Pritchard & Thompson’S A History Of Securities Laws In The Supreme Court, Harwell Wells
Seattle University Law Review
Adam Pritchard and Robert Thompson’s A History of Securities Laws in the Supreme Court should stand for decades as the definitive work on the Federal securities laws’ career in the Supreme Court across the twentieth century.1 Like all good histories, it both tells a story and makes an argument. The story recounts how the Court dealt with the major securities laws, as well the agency charged with enforcing them, the Securities and Exchange Commission (SEC), and the rules it promulgated, from the 1930s into the twenty-first century. But the book does not just string together a series of events, “one …
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Seattle University Law Review
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Arbitration And The Federal Balance, Alyssa King
Arbitration And The Federal Balance, Alyssa King
Indiana Law Journal
Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that seek …
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
The Customer's Nonwaivable Right To Choose Arbitration In The Securities Industry, Jill I. Gross
The Customer's Nonwaivable Right To Choose Arbitration In The Securities Industry, Jill I. Gross
Brooklyn Journal of Corporate, Financial & Commercial Law
Arbitration has been the predominant form of dispute resolution in the securities industry since the 1980s. Virtually all brokerage firms include predispute arbitration agreements (PDAAs) in their retail customer contracts, and have successfully fought off challenges to their validity. Additionally, the industry has long mandated that firms submit to arbitration at the demand of a customer, even in the absence of a PDAA.
More recently, however, brokerage firms have been arguing that forum selection clauses in their agreements with sophisticated customers (such as institutional investors and issuers) supersede firms’ duty to arbitrate under FINRA Rule 12200. Circuit courts currently are …
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Touro Law Review
No abstract provided.
Contract Law Walks The Plank: Carnival Cruise Lines, Inc. V. Shute, Charles L. Knapp
Contract Law Walks The Plank: Carnival Cruise Lines, Inc. V. Shute, Charles L. Knapp
Nevada Law Journal
No abstract provided.
Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien
Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien
Indiana Law Journal
No abstract provided.
Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York
Touro Law Review
No abstract provided.
Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz
Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz
Dalhousie Law Journal
The Supreme Court of Canada held that the defendants in Greenwood Shopping Plaza Ltd. v. Beattie and Pettipas1 could not claim any benefit from a contract because they were third party beneficiaries thereto. Restated, the Court permitted the insurer of a building to reach through the landlord and the tenant, and recoup itself by saddling the tenant's employees with liability for negligently performing their jobs although it could sue neither landlord nor tenant. This result is so unpalatable to both business and labour that it will be avoided, and insurers will acquiesce. In this note I will, (a) by way …
Jeremy Bentham, The Contract Clause And Justice John Archibald Campbell, John R. Schmidhauser
Jeremy Bentham, The Contract Clause And Justice John Archibald Campbell, John R. Schmidhauser
Vanderbilt Law Review
Conflicts between the desire to meet the felt needs of society and the desire to maintain existing property rights have long perplexed modern governments. The methods adopted for the resolution of such conflicts quite naturally reflect the prevailing social and political ideology in each nation. In the United States in the period of the Philadelphia Convention, the prevailing temper, at least among the influential, was one of insistence upon the preservation of the sanctity of private property. This insistence and the widespread public reverence for law and judicial institutions determined that state interference with or modification of private contracts be …