Law Commons^™

Preventive Force, Going A Step Further, Harry Borowski Esq

harry borowski

The 9/11 attacks and the 2003 Iraq War have led statesmen and scholars to reconsider their positions with regards to self-defense. Rogue states and terrorist organizations armed with sophisticated weapons present challenges that were unforeseen until now. In order to meet these threats some states have resorted to use anticipatory self-defense among which we can find the hotly debated notions of preemption and prevention.

This article raises the question of whether the notion of preventive force is starting to become an accepted means of anticipatory self-defense against threats originating from rogue states or terrorist organizations. This article claims that we …

Secondary Liability For Securities Fraud: Gatekeepers In State Court, Jennifer J. Johnson

Jennifer J Johnson

This paper discusses gatekeeper liability under state securities laws for professionals and other secondary participants in securities transactions. The recent economic meltdown exposed numerous Ponzi schemes from Madoff to Medical Capital that were no longer able to masquerade as profitable enterprises. When promoters of fraudulent ventures are unable to provide restitution to their victims, plaintiffs seek out other sources of repayment including professionals and other secondary participants in the transactions that precipitated their losses. Although most scholars agree that professionals can perform an important role in deterring securities fraud, scholarly opinions vary widely on the appropriate liability regime, if any, …