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Full-Text Articles in Law

Applying The Eligibility Rule In Securities Arbitration: Resolving Circuit Court Conflict Regarding The Proper Role Of Arbitrators And Courts - Howsam V. Dean Witter Reynolds, Inc., James D. Hughes Jul 2003

Applying The Eligibility Rule In Securities Arbitration: Resolving Circuit Court Conflict Regarding The Proper Role Of Arbitrators And Courts - Howsam V. Dean Witter Reynolds, Inc., James D. Hughes

Journal of Dispute Resolution

In Howsam v. Dean Witter Reynolds, Inc., the United States Supreme Court reviewed a Tenth Circuit holding that the eligibility rule presented a question of arbitrability, and was thus for the court to decide. Reversing, the Supreme Court held that the arbitrator, not a court, should apply the time limit rule. The Court's decision resolves the split among the circuit courts in addition to allowing arbitration clauses in securities firms' client agreements to serve their purpose of providing an efficient and less costly method of litigating disputes relating to investment accounts, ultimately increasing investor confidence in the securities industry.


A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia Jan 2003

A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Private Securities Law Reform Act: Is It Working?, Hon. Edward R. Becker, Hon. Milton I. Shadur, Jill E. Fisch, Gregory P. Joseph Jan 2003

The Private Securities Law Reform Act: Is It Working?, Hon. Edward R. Becker, Hon. Milton I. Shadur, Jill E. Fisch, Gregory P. Joseph

Fordham Law Review

No abstract provided.


Securities Law: Section 307 Of The Sarbanes-Oxley Act: Irreconcilable Conflict With The Aba's Model Rules And The Oklahoma Rules Of Professional Conduct?, Jennifer Wheeler Jan 2003

Securities Law: Section 307 Of The Sarbanes-Oxley Act: Irreconcilable Conflict With The Aba's Model Rules And The Oklahoma Rules Of Professional Conduct?, Jennifer Wheeler

Oklahoma Law Review

No abstract provided.


Securities Class Action Settlements [Empirical Analysis], Mukesh Bajaj, Sumon C. Mazumdar, Sumon C. Mazumdar Jan 2003

Securities Class Action Settlements [Empirical Analysis], Mukesh Bajaj, Sumon C. Mazumdar, Sumon C. Mazumdar

Santa Clara Law Review

No abstract provided.


The Internet Direct Public Offering: Establishing Trust In A Disintermediated Capital Market, Jason Trainor Jan 2003

The Internet Direct Public Offering: Establishing Trust In A Disintermediated Capital Market, Jason Trainor

Canadian Journal of Law and Technology

Whereas the process of financial intermediation was once human capital and relationship intensive, it is now heavily influenced by technological innovation and consumer demand, factors which have tended to disrupt the monopoly power of financial intermediaries. Technological innovation alone, however, is not sufficient to replace the institutions and actors that previously dominated the market for public offerings; rather, the concept of disintermediation by definition creates a vacuum that must be filled. Law firms and other intermediaries can create additional value for their clients by assuming some or all of the tasks currently apportioned to investment bankers in the public offering …


Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang Jan 2003

Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang

Fordham Journal of Corporate & Financial Law

No abstract provided.