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Full-Text Articles in Law

Foreword, James D. Cox Oct 1992

Foreword, James D. Cox

Law and Contemporary Problems

No abstract provided.


“Mutual Recognition” And Cross-Border Financial Services In The European Community, E. Waide Warner Oct 1992

“Mutual Recognition” And Cross-Border Financial Services In The European Community, E. Waide Warner

Law and Contemporary Problems

One of the hallmarks of the European Commission's single market program is the removal of Member State barriers to the provision of financial services throughout the EC. The goal is to make a broad spectrum of banking, securities and insurance services available for everyone. The application of the mutual recognition approach is discussed.


Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser Oct 1992

Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser

Law and Contemporary Problems

One aspect of the EC's proposed Investment Services Directive (ISD) is examined: the potential impact of the ISD on the automation of the European securities markets.


A Comparative Analysis Of Takeover Regulation In The European Community, David J. Berger Oct 1992

A Comparative Analysis Of Takeover Regulation In The European Community, David J. Berger

Law and Contemporary Problems

An attempt is made to disperse some of the regulatory haze created by the various philosophies of corporate governance within the EC. Understanding the different systems of takeover regulation within the European countries Before attempting an acquisition can provide a company with more than just important technical knowledge about the requirements of an acquisition.


Looks Can Be Deceiving—A Comparison Of Initial Public Offering Procedures Under Japanese And U.S. Securities Laws, Alan L. Beller, Tsunemasa Terai, Richard M. Levine Oct 1992

Looks Can Be Deceiving—A Comparison Of Initial Public Offering Procedures Under Japanese And U.S. Securities Laws, Alan L. Beller, Tsunemasa Terai, Richard M. Levine

Law and Contemporary Problems

In order to examine the divergent administration of statutes that are by their terms similar, the initial public offering procedures that a non-sovereign domestic issuer follows in the US and Japan are described.


Commodity Exchanges And The Privatization Of The Agricultural Sector In The Commonwealth Of Independent States—Needed Steps In Creating A Market Economy, Alexander Belozertsev, Jerry W. Markham Oct 1992

Commodity Exchanges And The Privatization Of The Agricultural Sector In The Commonwealth Of Independent States—Needed Steps In Creating A Market Economy, Alexander Belozertsev, Jerry W. Markham

Law and Contemporary Problems

Pre-revolutionary commodities exchanges in Russia and their extinguishment by the Bolsheviks are examined, and the role thereafter by Soviet central planners in the distribution, import and export of agricultural commodities is described. It is argued that the privatization process in the CIS must include incentives for the development of an exchange system for agricultural goods.


Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox Oct 1992

Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox

Law and Contemporary Problems

A unique perspective on the concerns posed by the internationalization of US securities markets is offered. A set of principles is developed that can guide US policymakers in reaching agreement with other nations on the minimum content of all nations' securities laws.


Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison Oct 1992

Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison

Law and Contemporary Problems

A study examines, from the perspective of two practitioners, current trends in the global regulation of insider trading.


Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen Oct 1992

Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen

Law and Contemporary Problems

The EC made a bold move towards defining precisely what conduct constitutes improper trading on nonpublic information with its Insider Trading Directive. The differences between the EC and US laws on insider trading are examined.


Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort Oct 1992

Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort

Law and Contemporary Problems

In 1968, the Second Circuit decided "Schoenbaum vs Firstbrook," a doctrinally significant case for two reasons. The initial panel decision found, among other things, that the allegedly fraudulent mismanagement of a foreign company had sufficient effects in the US to trigger the assertion of US subject matter jurisdiction. It is argued that as a result of the forces creating an internationalized securities marketplace, the prevailing extraterritoriality doctrine has become both useless and problematic.


Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox Oct 1992

Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox

Law and Contemporary Problems

As the market for securities becomes increasingly global, the question of whose rules should apply to any particular transaction will arise with increasing frequency. The issue is examined.


The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs Oct 1992

The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs

Law and Contemporary Problems

In the 1980s and early 1990s, securities regulators have made substantial progress in developing cooperative relationships to reduce the value of international borders as barriers to the detection and prosecution of securities fraud, but there needs to be an establishment of international mechanisms for enforcing provisional orders and final judgments. The development of mechanisms pursuant to which regulators can assist each other in freezing assets and recovering illicit profits is discussed.


Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman Oct 1992

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman

Law and Contemporary Problems

The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.


The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman Oct 1992

The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman

Law and Contemporary Problems

It is shown that in shareholder derivative litigation certain features of the Continental civil procedure model can be combined profitably with the more adversarial US model through the medium of a disinterested person.


Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno Oct 1992

Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno

Law and Contemporary Problems

The general theories and legal standards for obtaining personal jurisdiction over a nonresident foreign entity under section 27 of the 1934 Securities Exchange Act are examined. The theories of obtaining jurisdiction over a foreign subsidiary corporation that has a parent present in the US for jurisdictional purposes are used as an example.


Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn Oct 1992

Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn

Law and Contemporary Problems

Company law in the UK and securities regulation in the US have developed over the past six decades in response to rapidly changing economic, political and social circumstances. The main features of the regulation of primary securities distributions are identified in the two countries, and their treatment of civil liability is compared.


Journal Staff Oct 1992

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword, Charles W. Mooney Jr. Jul 1992

Foreword, Charles W. Mooney Jr.

Law and Contemporary Problems

No abstract provided.


Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki Jul 1992

Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki

Law and Contemporary Problems

The most basic purpose of the Article 9 filing system is to make a filing accessible to a searcher. Problems with the current system are discussed, and it is concluded that it will take more than computerization to fix the problems.


The Paperless Letter Of Credit And Related Documents Of Title, Boris Kozolchyk Jul 1992

The Paperless Letter Of Credit And Related Documents Of Title, Boris Kozolchyk

Law and Contemporary Problems

A normative analysis of paperless letters of credit that will categorize the various transactions and delineate the boundaries and relative standing of the competing sets of rules is now appropriate. The analysis will suggest when an official rule is needed and what its character should be.


Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus Jul 1992

Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus

Law and Contemporary Problems

Modern information technology modifies how commercial transactions occur and the subject matter of commerce itself. The challenge posed to scholars and policymakers by these issues is discussed.


Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr. Jul 1992

Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.

Law and Contemporary Problems

Technology and commercial law are examined in the context of securities market clearing and settlement. The challenges to legal "scientists," legal "engineers" and legal "technicians," who are working with electronic information, are discussed.


Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore Jul 1992

Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore

Law and Contemporary Problems

The connections between structuralist, poststructuralist and postmodern philosophers are traced. The opposition between individualists and relationists over the meaning of subjectivity is discussed.


Journal Staff Jul 1992

Journal Staff

Law and Contemporary Problems

No abstract provided.


Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman Apr 1992

Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman

Law and Contemporary Problems

The legislative legacy of Robert W. Kastenmeier, Chairman of the Senate Subcommittee on Patents, Copyrights and Trademarks, is discussed. Kastenmeier's contributions to intellectual property law are discussed.


Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson Apr 1992

Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson

Law and Contemporary Problems

The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.


The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre Apr 1992

The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre

Law and Contemporary Problems

Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.


Understanding Fair Use, L. Ray Patterson Apr 1992

Understanding Fair Use, L. Ray Patterson

Law and Contemporary Problems

Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.


Foreword: A Tribute To Robert W. Kastenmeier, L. Ray Patterson, David Lange Apr 1992

Foreword: A Tribute To Robert W. Kastenmeier, L. Ray Patterson, David Lange

Law and Contemporary Problems

No abstract provided.


Originality And Creativity In Copyright Law, Howard B. Abrams Apr 1992

Originality And Creativity In Copyright Law, Howard B. Abrams

Law and Contemporary Problems

Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of "Feist Publications Inc vs Rural Telephone Service Co" is discussed.