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

Law Commons

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

Series

PDF

Pace University

2007

Pace Law Faculty Publications

Legal Ethics and Professional Responsibility

Articles 1 - 3 of 3

Full-Text Articles in Law

The International Human Rights Committee: The Global Influence Of The City Bar, Mark R. Shulman May 2007

The International Human Rights Committee: The Global Influence Of The City Bar, Mark R. Shulman

Pace Law Faculty Publications

No abstract provided.


Litigating Brady V. Maryland: Games Prosecutors Play, Bennett L. Gershman Jan 2007

Litigating Brady V. Maryland: Games Prosecutors Play, Bennett L. Gershman

Pace Law Faculty Publications

By any measure, Brady v. Maryland has not lived up to its expectations. Brady's announcement of a constitutional duty on prosecutors to disclose exculpatory evidence to defendants embodies, more powerfully than any other constitutional rule, the core of the prosecutor's ethical duty to seek justice rather than victory. Nevertheless, prosecutors over the years have not accorded Brady the respect it deserves. Prosecutors have violated its principles so often that it stands more as a landmark to prosecutorial indifference and abuse than a hallmark of justice. Moreover, as interpreted by the judiciary, Brady actually invites prosecutors to bend, if ...


To Disclose Or Not To Disclose. That Is The Question For The Corporate Fiduciary Who Is Also A Pension Plan Fiduciary Under Erisa: Resolving The Conflict Of Duty, Shelby D. Green Jan 2007

To Disclose Or Not To Disclose. That Is The Question For The Corporate Fiduciary Who Is Also A Pension Plan Fiduciary Under Erisa: Resolving The Conflict Of Duty, Shelby D. Green

Pace Law Faculty Publications

This Article examines the seeming irreconcilable conflict faced by the pension plan fiduciary, who is a corporate insider, to disclose or not to disclose material, inside information to plan participants, who would use the information to divest investments in company stock, without disclosing the same information to persons on the other side of these trades. The Article begins with a general discussion of the regulation of trade in securities and the history of the insider trading laws under the Securities Exchange Act of 1934. Part III discusses the soundness of the prohibition against insider trading. Part IV explains the duties ...