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Full-Text Articles in Law

The Bank Bailout: A License For Sovereign Securities Fraud, Wendy Gerwick Couture Jan 2009

The Bank Bailout: A License For Sovereign Securities Fraud, Wendy Gerwick Couture

Articles

No abstract provided.


White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture Jan 2009

White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture

Articles

Substantive and procedural differences between criminal and civil treatment of conduct sounding in securities fraud combine to cause the following anomaly: certain false statements to investors may be actionable criminally-subjecting individual defendants to imprisonment-but not civilly-leaving victims without remedy. The imposition of criminal punishment for conduct that does not invoke civil liability risks disrupting the current scheme of securities regulation, at the expense of considerations deemed important by Congress and the courts. Moreover, the extension of criminal liability beyond the scope of civil liability debunks the assumption, which underlies the current scholarship on the civil-criminal divide, that criminal liability is …


The Screening Effect Of The Private Securities Litigation Reform Act, Adam C. Pritchard, Stephen J. Choi, Karen K. Nelson Jan 2009

The Screening Effect Of The Private Securities Litigation Reform Act, Adam C. Pritchard, Stephen J. Choi, Karen K. Nelson

Articles

Prior research shows that the Private Securities Litigation Reform Act (PSLRA) increased the significance of merit-related factors in determining the incidence and outcomes of securities fraud class actions (Johnson et al. 2007). We examine two possible explanations for this finding: the PSLRA may have reduced the incidence of nonmeritorious litigation, or it may have changed the definition of merit, effectively precluding claims that would have survived and produced a settlement pre-PSLRA. We find no evidence that pre-PSLRA claims that settled for nuisance value would be less likely to be filed under the PSLRA regime. There is evidence, however, that pre-PSLRA …