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Articles 1 - 16 of 16
Full-Text Articles in Law
An Invitation To The Rulemakers--Strike Rule 9(B), Christopher M. Fairman
An Invitation To The Rulemakers--Strike Rule 9(B), Christopher M. Fairman
Christopher M Fairman
No abstract provided.
Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin
Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin
University of the District of Columbia Law Review
Should a lawyer protect her client's confidences when she knows that client is about to perpetrate a fraud that will cause substantial financial harm to third parties? For decades, the response of the organized bar has been a resounding "yes." 1 Until August 2003, the American Bar Association's (ABA's) Model Rules of Professional Conduct (Model Rules) provided that a lawyer owes her client a duty of loyalty to preserve the client's confidences, even if that client is about to commit a criminal fraud.2 The recent wave of corporate scandals that led to record-breaking bankruptcies and investor losses prompted the ABA …
Future-Priced Convertible Securities & The Outlook For "Death-Spiral" Securities-Fraud Litigation, Zachary T. Knepper
Future-Priced Convertible Securities & The Outlook For "Death-Spiral" Securities-Fraud Litigation, Zachary T. Knepper
ExpressO
No abstract provided.
Pour Encourager Les Autres? The Curious History And Distressing Implications Of The Criminal Provisions Of The Sarbanes-Oxley Act And The Sentencing Guidelines Amendments That Followed, Frank O. Bowman Iii
Pour Encourager Les Autres? The Curious History And Distressing Implications Of The Criminal Provisions Of The Sarbanes-Oxley Act And The Sentencing Guidelines Amendments That Followed, Frank O. Bowman Iii
Faculty Publications
This Article presents a legislative history of the Sarbanes-Oxley Act and the subsequent amendments to the U.S. Sentencing Guidelines. It explains the surprising interaction between the civil and criminal provisions of Sarbanes-Oxley. The Article also provides a dramatic and detailed account of the interplay of political interests and agendas that ultimately led to large sentence increases for serious corporate criminals and blanket sentence increases for virtually all federal fraud defendants. The tale illuminates the substance of the new legislation and sentencing rules, but is more broadly instructive regarding the distribution of power over criminal sentencing between the three branches and …
Facing The Fear Of Fraud: The Rise Of Senate Bill 555 After The Fall Of Carolina Investors, Jennifer L. Hess
Facing The Fear Of Fraud: The Rise Of Senate Bill 555 After The Fall Of Carolina Investors, Jennifer L. Hess
South Carolina Law Review
No abstract provided.
Proprietary Relief Without Rescission, Hang Wu Tang
Proprietary Relief Without Rescission, Hang Wu Tang
Research Collection Yong Pung How School Of Law
The decision of the Court of Appeal in Halley v. The Law Society [2003] EWCA Civ 97 has the potential to muddy the waters of the law of rescission. It is a fundamental principle that a fraudulent misrepresentation renders a contract voidable at the instance of the representee (Bristol and West Building Society v. Mothew [1998] Ch. 1, 22). Modern authorities suggest that the representee does not have any proprietary interest in property transferred by him pursuant to the contract before rescission (see Bristol and West Building Society v. Mothew [1998] Ch. 1, 22-23; Twinsectra Ltd. v. Yardley [1999] Lloyd's …
The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt
The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that the economic-loss rule does not bar tort recovery—compensatory and punitive damages—in a claim for intentional misrepresentation or fraud independent of a claim for breach of contract as might be applied to construction litigation.
Note: Get The Balance Right: Finding An Equilibrium Between Charitable Solicitation, Fraud, And The First Amendment In Illinois Ex Rel. Madigan V. Telemarketing Associates, Inc., 538 U.S. 600 (2003), Christopher R. Sullivan
Note: Get The Balance Right: Finding An Equilibrium Between Charitable Solicitation, Fraud, And The First Amendment In Illinois Ex Rel. Madigan V. Telemarketing Associates, Inc., 538 U.S. 600 (2003), Christopher R. Sullivan
William Mitchell Law Review
This Note first examines the history of the relevant law in the areas of fraud, charitable solicitation, and prior restraints. Specifically, it examines the three leading cases on regulation of charitable fundraising speech: Schaumburg, Munson, and Riley. Next, the Note discusses the history and holding of Illinois ex rel. Madigan v. Telemarketing Associates, Inc. Next, this Note will explore the holding in Telemarketing Associates in light of Schaumburg and its progeny. This analysis includes a survey of recent and pending fraud litigation against charities and their fundraisers, and a review of the Federal Trade Commission's “Operation Phoney Philanthropy.” Finally, the …
An Indictment Of Bright Line Tests For Honest Services Mail Fraud, Carrie A. Tendler
An Indictment Of Bright Line Tests For Honest Services Mail Fraud, Carrie A. Tendler
Fordham Law Review
No abstract provided.
Jurisdictional Line-Drawing In A Time When So Much Litigation Is "Related To" Bankruptcy: A Practical And Constitutional Solution, Duane Loft
Fordham Law Review
No abstract provided.
Good Laws For Junk Fax? Government Regulation Of Unsolicited Solicitations, Adam Zitter
Good Laws For Junk Fax? Government Regulation Of Unsolicited Solicitations, Adam Zitter
Fordham Law Review
No abstract provided.
In Re Merrill Lynch & Co., Inc. Research Reports Securities Litigation, Patrick G. Diamond
In Re Merrill Lynch & Co., Inc. Research Reports Securities Litigation, Patrick G. Diamond
NYLS Law Review
No abstract provided.
Promissory Fraud Without Breach, Gregory Klass, Ian Ayres
Promissory Fraud Without Breach, Gregory Klass, Ian Ayres
Georgetown Law Faculty Publications and Other Works
This Article, in keeping with the theme of this Symposium, explores the possibility of promissory fraud liability where there is no breach of contract. It is well known that mere breach of contract is not sufficient to make out a claim of promissory fraud. This rule makes eminent sense, for a promisor who initially intended to perform may have later changed her mind. Here we pose the converse question: is it possible to have promissory fraud liability without a breach?
Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood
Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood
St. Mary's Law Journal
Child support programs across the nation are struggling to achieve even meager recovery of the financial support children need from their parents. Obtaining child support payments from men who are not fathers and who unknowingly signed their rights away is not a sound long-term policy. States must ensure that children are supported and their custodial mothers receive assistance from non-custodial fathers. Logically, the law should only compel a man to support a child he fathered. If a man chooses to assume not only the financial obligation but also the relationship which belongs to the biological father; then such agreement must …
The Appeal And Limits Of Internal Controls To Fight Fraud, Terrorism, Other Ills, Lawrence A. Cunningham
The Appeal And Limits Of Internal Controls To Fight Fraud, Terrorism, Other Ills, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
Congress responded in similar ways to 2001's major national crises: bolstering internal controls in corporate America under the Sarbanes-Oxley Act in response to Enron's debacle and imposing internal controls on its financial services industry under the USA PATRIOT Act in response to 9/11's terrorism. These reflexive legislative responses to national crisis fit a pattern of proliferating controls as a first-order policy option dating to the mid-1970s. Documenting this proliferation and untangling the definition of internal controls, this Article attributes the appeal of internal controls as a policy option to systemic forces including the movements for deregulation and cooperative compliance, resistance …
Gatekeeping, Peter B. Oh
Gatekeeping, Peter B. Oh
Articles
Gatekeeping is a metaphor ubiquitous across disciplines and within fields of law. Generally, gatekeeping comprises an actor monitoring the quality of information, products, or services. Specific conceptions of gatekeeping functions have arisen independently within corporate and evidentiary law. Corporate gatekeeping entails deciding whether to grant or withhold support necessary for financial disclosure; evidentiary gatekeeping entails assessing whether expert knowledge is relevant and reliable for admissibility. This article is the first to identify substantive parallels between gatekeeping in these two contexts and to suggest their cross-treatment. Public corporate gatekeepers, like their judicial evidentiary analogues, should bear a duty of reliable monitoring.