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Foreword, Michelle Arnopol Cecil
Foreword, Michelle Arnopol Cecil
Missouri Law Review
With the tumultuous period after the enactment of BAPCPA as our backdrop, hundreds of academics, practitioners, and judges gathered together for a two-day symposium to explore the positive and negative aspects of bankruptcy reform from a variety of interdisciplinary perspectives. This volume of the Missouri Law Review is devoted almost exclusively to that symposium. Not only does it include the ten participants' written scholarship that emerged from that extraordinary setting, during which we all benefitted tremendously from the input of others who had thought about, written about, and worked with the provisions of BAPCPA, but it also contains a fascinating …
Breaking The Bank: Reconsidering Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia R. Taylor
Breaking The Bank: Reconsidering Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia R. Taylor
Missouri Law Review
This Article addresses one small aspect of gatekeeper liability, arguing that it is time to reinstate aiding and abetting liability for such "secondary actors" in suits brought by private parties under Section 10(b) and Rule I Ob-5 of the Securities Exchange Act of 1934 (the "'34 Act").' Although the Securities Exchange Commission (the "SEC") currently has the authority to pursue such claims, the Supreme Court in Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A. ("Central Bank")2 held that private parties do not. Because aiding and abetting liability is an important weapon in the fight to deter …