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The Extraterritorial Reach Of The Federal Securities Code: An Analysis Of Section 1905, John M. Liftin
The Extraterritorial Reach Of The Federal Securities Code: An Analysis Of Section 1905, John M. Liftin
Vanderbilt Law Review
Section 1905 of the proposed Federal Securities Code' sets forth the applicability of the Code to transnational securities transactions. The drafters could have stated in each provision of the Code whether and to what extent it was to apply extraterritorially. Instead, they placed in one section a set of general principles that cuts across all other sections of the Code and indicates which sections are to have extraterritorial application. The result is a descriptive guide that relies on a classification of transactions rather than a section-by-section enumeration...
This Article will not analyze the existing cases, except to the extent they …
Federal-State Relations Under The Federal Securities Code, Jeffrey B. Bartell
Federal-State Relations Under The Federal Securities Code, Jeffrey B. Bartell
Vanderbilt Law Review
There is little in the recorded history of the American Law Institute's Federal Securities Code to indicate that a major rearrangement of regulatory responsibilities between the federal government and the states was a primary object. Milton Cohen's thoughtful article "Truth in Securities" Revisited,I probably the principal catalyst of the codification project, described a new world of securities regulation involving coordinated disclosure and continuous reporting, without any mention of federal-state relations or the blue sky laws. Indeed, when the American Bar Association's Committee on Federal Regulation of Securities first discussed the project in 1966, a suggestion that concurrent consideration be given …
The American Law Institute's Proposed Federal Securities Code, Editor In Chief
The American Law Institute's Proposed Federal Securities Code, Editor In Chief
Vanderbilt Law Review
This issue of the Law Review represents Part Two of the symposium on the Proposed Federal Securities Code. This issue contains articles on federal-state relations under the Code; the impact of the Code on the Trust Indenture Act of 1939; the extraterritorial reach of the Code; and the effect of the Code on civil litigation. It is hoped that these articles will continue the fine work begun by Part One of the symposium, providing our readers with a thorough analysis of these additional sections of the Code and presenting recommendations for constructive changes to be considered in the final process …