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

Law Commons

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

Articles 1 - 5 of 5

Full-Text Articles in Law

Halliburton, Basic And Fraud On The Market: The Need For A New Paradigm, Charles W. Murdock Sep 2014

Halliburton, Basic And Fraud On The Market: The Need For A New Paradigm, Charles W. Murdock

Charles W. Murdock

Summary: Halliburton, Basic and Fraud on the Market: The Need for a New Paradigm

If defrauded securities plaintiffs cannot bring a class-action lawsuit, there often will be no effective remedy since the amount at stake for individual plaintiffs is not sufficient to warrant the substantial costs of litigation. To surmount the problem of individualized reliance and establish commonality, federal courts for twenty-five years have been employing the Basic fraud-on-the-market theory which posits that, in an efficient market, investors rely on the integrity of the market price.

While class certification at one time was a matter of course, today it is ...


Credit Default Swaps: Dubious Instruments, Charles W. Murdock Oct 2013

Credit Default Swaps: Dubious Instruments, Charles W. Murdock

Charles W. Murdock

No abstract provided.


The Big Banks: Background, Deregulation, Financial Innovation, And ‘Too Big To Fail,’, Charles W. Murdock Jul 2013

The Big Banks: Background, Deregulation, Financial Innovation, And ‘Too Big To Fail,’, Charles W. Murdock

Charles W. Murdock

The U.S. economy is still reeling from the financial crisis that exploded in the fall of 2008. This Article asserts that the big banks were major culprits in causing the crisis by funding the non-bank lenders that created the toxic mortgages, which the big banks securitized and sold to unwary investors. Ironically, banks that were then too big to fail are even larger today. The Article briefly reviews the history of banking from the Founding Fathers to the deregulatory mindset that has been present since 1980. It then traces the impact of deregulation, which led to the savings and ...


Sarbanes-Oxley Five Years Later: Hero Or Villain., Charles W. Murdock Aug 2012

Sarbanes-Oxley Five Years Later: Hero Or Villain., Charles W. Murdock

Charles W. Murdock

No abstract provided.


Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock Aug 2012

Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock

Charles W. Murdock

No abstract provided.