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The Supreme Court And The Definition Of "Security": The"Context" Clause, "Investment Contract" Analysis, And Their Ramifications, Marc I. Steinberg, William E. Kaulbach
The Supreme Court And The Definition Of "Security": The"Context" Clause, "Investment Contract" Analysis, And Their Ramifications, Marc I. Steinberg, William E. Kaulbach
Vanderbilt Law Review
In two recent decisions' construing the scope of the federal securities acts, the Supreme Court apparently has undertaken to alleviate some of the confusion and uncertainty surrounding the most fundamental question in securities law: the definition of"security" itself. Much of the existing confusion can be traced to earlier decisions of the Court that first implied, and later held,that the regulatory or offering context in which a particular transaction occurs could function to exclude the transaction from cover-age of the securities laws' anti-fraud provisions. This result could follow even though the transaction in question otherwise might satisfy the traditional Howey or …
The Continuing Puzzle Of Secured Debt, Alan Schwartz
The Continuing Puzzle Of Secured Debt, Alan Schwartz
Vanderbilt Law Review
In 1981, I wrote an article showing that no good answer had been given to the question why corporations issue some debt on a secured basis and other debt on an unsecured basis.' This showing had normative implications because claims that the institution of personal property security is efficient or otherwise desirable must be impeached if the actual purposes that security serves are unknown. Consequently, the law's favorable treatment of secured debt-for example, giving it first place in bankruptcy distributions--is without plausible support. My article did not advocate repealing the privileges attached to secured debt, however, because then--current knowledge also …
Book Reviews, James B. Earle, J. Allen Smith, Samuel E. Stumpf, Ingram Bloch, J. Raymond Denney
Book Reviews, James B. Earle, J. Allen Smith, Samuel E. Stumpf, Ingram Bloch, J. Raymond Denney
Vanderbilt Law Review
Book Reviews
The Oppenheimer Case: The Trial of a Security System
By Charles P. Curtis
New York: Simon and Schuster, 1955. Pp. xi, 281. $4.00
reviewer: Ingram Bloch
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Trial Tactics and Methods
By Robert E. Keeton
New York: Prentice Hall, Inc., 1954. Pp. xxiv, 438. $6.65
reviewer: J. Raymond Denney
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Military Law under the Uniform Code of Military Justice
By William B. Aycock and Seymour W. Wurfel
Chapel Hill: University of North Carolina Press, 1955. Pp. xviii, 430.
reviewer: James B. Earle
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Why Johnny Can't Read
By Rudolf Flesch
New York: Harper & Brothers, 1955. Pp. ix, …