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Full-Text Articles in Law

Misapplication Of The Federal Extraterritoriality Principle In Limiting The Scope Of Civil Remedies For Fraud Under State Blue Sky Laws, Robert N. Rapp Sep 2011

Misapplication Of The Federal Extraterritoriality Principle In Limiting The Scope Of Civil Remedies For Fraud Under State Blue Sky Laws, Robert N. Rapp

Robert N Rapp

States do not exercise extraterritorial power when a civil remedy for purchasers of securities victimzed by unlawful conduct in the offer and sale of those securities is invoked by out of state purchasers under the Blue Sky Law of the state in and from which the distribution of securities was undertaken. The Extraterritoriality Principle under the Dormant Commerce Clause of the U.S. Constitution does not bar the invocation of a post-transaction by out of state purchasers. A United States District Court misapplied the Extraterritoriality Principle by constructing a bright-line "transaction" test to cabin the territorial limit of a purchaser remedy. …


A "New" Fiduciary Duty For Stockbrokers? Keeping The Dodd-Frank Rule Debate In Perspective, Robert N. Rapp Dec 2010

A "New" Fiduciary Duty For Stockbrokers? Keeping The Dodd-Frank Rule Debate In Perspective, Robert N. Rapp

Robert N Rapp

No abstract provided.


The "Manifest Disregard" Standard For Vacatur: Is Hall Street One Way?, Robert N. Rapp Jan 2010

The "Manifest Disregard" Standard For Vacatur: Is Hall Street One Way?, Robert N. Rapp

Robert N Rapp

No abstract provided.