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Full-Text Articles in Law
Missouri And Federal Credit Disclosures--Coexistence, Stephen K. Taylor
Missouri And Federal Credit Disclosures--Coexistence, Stephen K. Taylor
Missouri Law Review
The Truth in Lending Act, which became effective on July 1, 1969, regulates credit transactions which are to some extent the subject of existing state and local regulations. This local legislation is anything but uniform, and the hodgepodge of existing state law varies greatly in scope and intensity. The federal law provides that a creditor shall not be required to comply with any state law requirements which are inconsistent with the demands of the federal statute. The proposition has been asserted, however, that to the extent state laws are consistent with the federal rules (i.e. contain substantive provisions which are …
Michigan "Freedom Of Information Act", David T. Alexander
Michigan "Freedom Of Information Act", David T. Alexander
University of Michigan Journal of Law Reform
A policy of public disclosure is as appropriate at the state level as it is at the federal level. There are comparable state agencies for almost all Federal departments concerned with commerce and the public health, safety and welfare. Through licensing and supervisory powers over businesses and individuals, state agencies exercise extensive quasi-legislative and quasi-judicial powers of immediate concern to the public. The resulting rules, records, regulations, orders and opinions serve as both the factual findings and the substantive law of the particular area administered by each agency. Recognizing this need for public disclosure at the state level, the Michigan …
The Case Against Insider Trading: A Response To Professor Manne, David Ferber
The Case Against Insider Trading: A Response To Professor Manne, David Ferber
Vanderbilt Law Review
Professor Manne's article appears to be largely an attack on critics of his book Insider Trading and the Stock Market. I must confess I have not read his book. I did, however, read an earlier article by Professor Manne attacking the position of the Commission in the Texas Gulf case, and I once participated in a forum at which Professor Manne expressed his view that inside information should be something that a corporate official might sell. I disagree with Professor Manne's basic position that "[t]he debatable aspects of insider trading are capable of resolution through tools of economic analysis,"' as …
Securities Regulation--The Wheat Report Proposals, L. Thomas Elliston
Securities Regulation--The Wheat Report Proposals, L. Thomas Elliston
Missouri Law Review
The Securities and Exchange Commission formed an internal study group in November, 1967, to examine the operation of the disclosure provisions of the Securities Act of 1983 (hereinafter referred to as the '33 Act), the Securities Exchange Act of 1934 (hereinafter referred to as the '34 Act), and SEC rules and regulations thereunder. This study group (hereinafter referred to as the Study) was under the direction and supervision of SEC Commissioner Francis M. Wheat. In March, 1969, the Study made its report to the SEC of its findings and proposals. The report is entitled Disclosure to Investors-A Reappraisal of Administrative …
The Newsman's Privilege: Protection Of Confidential Associations And Private Communications, Wayne C. Dabb Jr., Peter A. Kelly
The Newsman's Privilege: Protection Of Confidential Associations And Private Communications, Wayne C. Dabb Jr., Peter A. Kelly
University of Michigan Journal of Law Reform
The purpose of this comment is to determine whether the confidential associations and-or private communications of a newsman are privileged.
Proposed Amendments To The Welfare And Pension Plans Disclosure Act, Stephen E. Dawson
Proposed Amendments To The Welfare And Pension Plans Disclosure Act, Stephen E. Dawson
University of Michigan Journal of Law Reform
Proposals to regulate private pension and deferred profit-sharing plans are by no means new to Congress. With the rapid growth in size, number and complexity of such plans in the late 1940's and early 1950's, Congress began to give increasingly close attention to their defects and, particularly, to their mismanagement. The first congressional attempt to reduce the instances of private pension plan mismanagement occurred in 1958 when Congress enacted the Welfare and Pension Plans Disclosure Act. The Act was amended once in 1962, and further proposed amendments are presently before the Congress. This note will examine two of the proposed …
Souped Up Affirmative Disclosure Orders Of The Federal Trade Commission, William F. Lemke Jr.
Souped Up Affirmative Disclosure Orders Of The Federal Trade Commission, William F. Lemke Jr.
University of Michigan Journal of Law Reform
Under section 5(b) of the Federal Trade Commission Act the Commission is given authority to conduct hearings, make findings and issue cease and desist orders requiring any person, partnership or corporation to cease and desist from use of unfair methods of competition or unfair or deceptive practices in commerce. The Commission also issues consent orders in cases which are concluded by agreement between the Commission and the allegedly offending party. Consent orders have the same force and binding effect as those issued after hearings and findings. Although it is well established that the Commission has very broad discretion and authority …