Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Rule 10b-5 (13)
- Fraud (12)
- Securities (12)
- Securities and exchance commission (11)
- First amendment (5)
-
- Disclosure of victim names (4)
- Media (4)
- Rape (4)
- Rape victims (4)
- 1983 (1)
- AIDS (1)
- Abortion (1)
- African-americans (1)
- Amendment (1)
- Antitrust exemption (1)
- Appellate advocacy (1)
- Appellate history (1)
- Arising under jurisdiction (1)
- Attorney-Client (1)
- Automated trading programs (1)
- Automatic stay (1)
- Bank fraud (1)
- Banking (1)
- Bankruptcy (1)
- Bankruptcy reform act (1)
- Black progress (1)
- Breach (1)
- Business organization (1)
- CBA expiration (1)
- Capital supervision (1)
Articles 1 - 30 of 47
Full-Text Articles in Law
Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno
Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno
Fordham Law Review
In this Essay, Professor Denno examines the century-long conflict between an individual's right to privacy and the freedom of the press in the context of the media's disclosure of rape victims' names. Part I briefly reviews the United States Supreme Court's primary rulings on this topic, explaining that the Court has generally protected the freedom of the press under the First Amendment Part I emphasizes, however, that the Court has left available an opportunity for a con- trary interpretation under certain circumstances in Florida Star v. BJ.F., the Court's last ruling concerning the disclosure of rape victims' names. Part I1 …
Bondage, Domination, And The Art Of The Deal: An Assessment Of Judicial Strategies In Lender Liability Good Faith Litigation, A. Brooke Overby
Bondage, Domination, And The Art Of The Deal: An Assessment Of Judicial Strategies In Lender Liability Good Faith Litigation, A. Brooke Overby
Fordham Law Review
In the 1980s the contractual obligation of good faith and fair dealing achieved preeminence in the area of lender liability. This raised concerns that expansive judicial interpretation of the obligation would, in effect, rewrite the parties' contracts and result in the imposition of undue economic liability upon lenders. In this Article Professor Overby first traces the statutory, common law, and theoretical attempts to provide transactors with legal standards of conduct through the obligation of good faith. She then examines the judicial approaches to good faith in the lending context, rejecting as unfounded concerns over economic liability or widespread judicial activism. …
Parting Is Such Sweet Sorrow: The Application Of Title Vii To Post-Employment Retaliation, Patricia A. Moore
Parting Is Such Sweet Sorrow: The Application Of Title Vii To Post-Employment Retaliation, Patricia A. Moore
Fordham Law Review
No abstract provided.
The Duty To Disclose Forward-Looking Information: A Look At The Future Of Md&A, Suzanne J. Romajas
The Duty To Disclose Forward-Looking Information: A Look At The Future Of Md&A, Suzanne J. Romajas
Fordham Law Review
No abstract provided.
The Societas Europea: The Evolving European Corporation Statute, Terence L. Blackburn
The Societas Europea: The Evolving European Corporation Statute, Terence L. Blackburn
Fordham Law Review
In this Article, Professor Blackburn examines and evaluates the Commission of the European Community's 1991 proposed European corporation statute, which represents the Commission's latest endeavor into creating a new form of business organization that possesses a European identity independent of the laws of the member states that comprise the European Economic Community. Professor Blackburn argues that this proposal fails because it places too much reliance on member state law for matters of basic structure and management, and therefore incorporates by reference the material variations in company law that exist among the member states. Professor Blackburn moreover contends that this proposal …
Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce
Appellate Advocacy: Some Reflections From The Bench, Lawrence W. Pierce
Fordham Law Review
In this Essay, Judge Pierce explores historical and modern attributes of appellate advocacy and provides insightful guidance on some relevant considerations for effective advocacy on the appellate level Judge Pierce discusses methods which advocates may utilize to improve their proficiency at brief writing and oral argument but also cautions advocates that the appellate process begins at the trial level in preserving issues for appeal Judge Pierce also reflects upon his experiences in over 21 years on the federal bench when examining some of the strategic, practical and ethical considerations, as well as persuasive methods, for successful appellate advocacy.
The Legal, Ethical, And Social Implications Of The "Reasonable Woman" Standard In Sexual Harassment Cases, Robert S. Adler, Ellen R. Peirce
The Legal, Ethical, And Social Implications Of The "Reasonable Woman" Standard In Sexual Harassment Cases, Robert S. Adler, Ellen R. Peirce
Fordham Law Review
In this Article, Professors Adler and Peirce examine the development and implications of the "reasonable woman" standard that is gaining increasing acceptance as the appropriate gauge for measuring the offensiveness of the conduct at issue in sexual harassment cases. The authors begin by reviewing the origins of sexual harassment law under Title VII of the Civil Rights Act of 1964, paying particular attention to the history of "hostile environment" causes of action. Professors Adler and Peirce then discuss how and why the reasonable woman standard evolved as an alternative to the conventional "reasonable man" and "reasonable person "standards that had …
Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano
Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano
Fordham Law Review
In this Essay, Professor Romano considers the efficacy of competition among states for tax revenues generated by corporate charters. To this end, she focuses on how state takeover regulation-regulation which tends to benefit management rather than shareholders--affects this competition. She argues that federalism provides a safety net which protects investor interests and reduces the likelihood of self-serving management decisions. Professor Romano concludes that the current state-based system of incorporation is preferable to a national regime.
Intercepting Refugees At Sea: An Analysis Of The United States' Legal And Moral Obligations, Suzanne Gluck
Intercepting Refugees At Sea: An Analysis Of The United States' Legal And Moral Obligations, Suzanne Gluck
Fordham Law Review
No abstract provided.
Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders
Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders
Fordham Law Review
No abstract provided.
Political Reality Testing: 1993, Derrick Bell
Political Reality Testing: 1993, Derrick Bell
Fordham Law Review
No abstract provided.
Myth And Reality--Or, Is It "Perception And Taste"?--In The Reading Of Donative Documents, James L. Robertson
Myth And Reality--Or, Is It "Perception And Taste"?--In The Reading Of Donative Documents, James L. Robertson
Fordham Law Review
No abstract provided.
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Michael Gartner
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Michael Gartner
Fordham Law Review
No abstract provided.
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein
Fordham Law Review
No abstract provided.
Warming The Bench: The Nonstatutory Labor Exemption In The National Football League, Johnathan S. Shapiro
Warming The Bench: The Nonstatutory Labor Exemption In The National Football League, Johnathan S. Shapiro
Fordham Law Review
No abstract provided.
New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller
New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller
Fordham Law Review
No abstract provided.
Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort
Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort
Fordham Law Review
In this Article, Professor Langevoort examines the adaptive qualities of Rule 10b-5 and how the rule has remained intact despite sweeping changes in the intellectual and political landscapes in which it operates. In Professor Langevoort's view, Rule l0b-5's survival is largely due to the flexibility of its language which has enabled the rule to embrace malleable social perceptions of the securities market and the securities business. Professor Langevoort also addresses the question of whether Rule l0b-5 has outlived its usefulness and should therefore be repealed and replaced by more precisely-drafted legislation. Professor Langevoort concludes that Rule l0b-5's continued survival is …
Can 10b-5 For The Banks--The Effect Of An Antifraud Rule On The Regulation Of Banks, Michael P. Malloy
Can 10b-5 For The Banks--The Effect Of An Antifraud Rule On The Regulation Of Banks, Michael P. Malloy
Fordham Law Review
In this Article, Professor Malloy explores the effects of the federal securities antifraud rule on the regulation of banks. In particular, he focuses on the changes in regulation of commercial bank trust department activities that followed the revelations in Texas Gulf Sulphur of alleged tipping between the commercial and trust departments of a major New York bank He also argues that federal bank regulatory policy has now turned away from disclosure-oriented regulation in favor of capital supervision, and that this may be a mistaken approach to the regulation of banking.
Congratulations From Your Continental Cousins, 10b-5: Securities Fraud Regulation From The European Perspective, Gerhard Wegen
Congratulations From Your Continental Cousins, 10b-5: Securities Fraud Regulation From The European Perspective, Gerhard Wegen
Fordham Law Review
No abstract provided.
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
Fordham Law Review
In this Article. Professor Fisch examines the history and legacy of Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilberston, the controversial 1991 Supreme Court decision that established a federal statute of limitations for private causes of action brought under Rule 10b-5. In Part I Professor Fisch reviews the history of the 10b-5 statute of limitations prior to LampE Part II then analyzes both the issues resolved and questions raised by Lampf. Part III traces the congressional reaction to Lampf that culminated in the addition of section 27A to the Securities Act of 1934. In Part IV, Professor Fisch concludes by …
The Rise And Fall (And Rise) Of Information-Based Insider Trading Enforcement, Thomas A. Mcgrath, Iii
The Rise And Fall (And Rise) Of Information-Based Insider Trading Enforcement, Thomas A. Mcgrath, Iii
Fordham Law Review
No abstract provided.
Should Fraud On The Market Theory Extend To The Context Of Newly Issued Securities?, Joseph De Simone
Should Fraud On The Market Theory Extend To The Context Of Newly Issued Securities?, Joseph De Simone
Fordham Law Review
No abstract provided.
An Implied Right Of Contribution Under Rule 10b-5: An Essential Element Of Attaining The Goals Of The Securities Exchange Act Of 1934, Mary Ellen P. Dooley
An Implied Right Of Contribution Under Rule 10b-5: An Essential Element Of Attaining The Goals Of The Securities Exchange Act Of 1934, Mary Ellen P. Dooley
Fordham Law Review
No abstract provided.
Puppet Masters Of Marionettes: Is Program Trading Maniuplative As Defined By The Securites Exchange Act Of 1934, Lawrence Damian Mccabe
Puppet Masters Of Marionettes: Is Program Trading Maniuplative As Defined By The Securites Exchange Act Of 1934, Lawrence Damian Mccabe
Fordham Law Review
No abstract provided.
The Mother Court And The Foreign Plaintiff: Does Rule 10b-5 Reach Far Enough?, James J. Finnerty, Iii
The Mother Court And The Foreign Plaintiff: Does Rule 10b-5 Reach Far Enough?, James J. Finnerty, Iii
Fordham Law Review
No abstract provided.
Rule 10b-5 And Transnational Bankruptcies: Whose Law Should Apply?, Lauren D. Rosenthal
Rule 10b-5 And Transnational Bankruptcies: Whose Law Should Apply?, Lauren D. Rosenthal
Fordham Law Review
No abstract provided.
10b-5 Or Not 10b-5: Are The Current Efforts To Reform Securities Litigation Misguided?, Adam F. Ingber
10b-5 Or Not 10b-5: Are The Current Efforts To Reform Securities Litigation Misguided?, Adam F. Ingber
Fordham Law Review
No abstract provided.
Remarks Delivered On The Occasion Of The Dedication Of The Sidney C. Norris Chair Of Law To Public Service, Thomas M. Quinn
Remarks Delivered On The Occasion Of The Dedication Of The Sidney C. Norris Chair Of Law To Public Service, Thomas M. Quinn
Fordham Law Review
No abstract provided.
When Libido Subverts Credo: Regulation Of Attorney-Client Sexual Relations, Margit Livingston
When Libido Subverts Credo: Regulation Of Attorney-Client Sexual Relations, Margit Livingston
Fordham Law Review
Recent calls for increased regulation of attorney-client sexual relations have led several state courts, legislatures, and bar associations to consider specific rules restricting such practices. Advocates of enhanced regulation seek institutional recognition of the power differential inherent in the lawyer-client relationship. Critics prefer to rely on existing ethics rules governing attorney misconduct. In this Article Professor Livingston first reviews the judicial and administrative response to clients who accuse their attorneys of sexual impropriety. She next examines recently enacted state rules regulating attorney sexual misconduct and discusses pending legislative proposals. Professor Livingston then recommends a ban on all attorney-client sexual relations …
The Fair Value Of Minority Stock In Closely Held Corporations, Zenichi Shishido
The Fair Value Of Minority Stock In Closely Held Corporations, Zenichi Shishido
Fordham Law Review
In this Article, Professor Shishido examines the various methods—those used by the courts as well as those suggested by law and economics scholars—for determining the fair value of minority stock in closely held corporations. In Professor Shishido's view, the courts' method of weighing—the so-called Delaware block method—fails to arrive at the true value of the minority's shares and often undervalues their worth. Professor Shishido also argues that law and economics scholars fail to differentiate between closely held corporations and publicly held corporations, thus failing to include the effect of corporate law on the fair value of closely held corporate stock.