Law Commons^™

Texas Annual Survey: Securities Regulation, George Lee Flint Jr

Faculty Articles

The definition of securities is constantly evolving, and court cases help define this concept. Other cases help illuminate standing to sue. Two courts considered the application of the Texas Securities Acts in multi-state situations.

The State Securities Board amended its hearings rules to give the Director of Inspections and Compliance Division authorization to sign a notice of hearing in administrative cases. The Board initiated numerous enforcement actions against issuers who did not register their securities. It also issued a number of no-action letters dealing with issuers. In addition, the Board amended its rules for registration of dealers several times during …

The Ethics Of Copyrighting Ethics Rules, Michael S. Ariens

Faculty Articles

The American Bar Association’s (“ABA”) practice of requiring students to purchase the Model Rules of Professional Conduct is exploitative and unethical. The ABA uses its role in training lawyers to create a situation which all but requires law students and bar applicants to purchase the organization’s own Model Rules. The fact that the Model Rules constitute a substantial revenue stream for the ABA is due less to lawyers’ desire to brush up on Model Rules of Professional Conduct, which are not laws, than to the ABA's direct role in approving law schools and its indirect role in licensing lawyers.

Law …

Erisa: Fumbling The Limitations Period, George Lee Flint Jr

Faculty Articles

The Supreme Court designed the LMRA rule, adopted in 1966, based on legislative history suggesting that the LMRA lacked a need for uniformity in litigating employee benefit plan matters. Congress changed this conclusion when it adopted ERISA in 1974. Thus, Congress preempted state law insofar as it relates to employee benefit plans. The Supreme Court has specifically stated that this need for uniformity extends to ERISA causes of action and awards under them. The Supreme Court spelled out a three-step process to determine whether to use a uniform federal statute of limitations: (1) whether the federal cause of action demands …