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Full-Text Articles in Law
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
Law and Contemporary Problems
No abstract provided.
A Comparison Of Trading Models Used For Calculating Aggregate Damages In Securities Litigation, Michael Barclay, Frank C. Torchio
A Comparison Of Trading Models Used For Calculating Aggregate Damages In Securities Litigation, Michael Barclay, Frank C. Torchio
Law and Contemporary Problems
No abstract provided.
Beyond “It Just Ain’T Worth It”: Alternative Strategies For Damage Class Action Reform, Deborah R. Hensler, Thomas D. Rowe Jr.
Beyond “It Just Ain’T Worth It”: Alternative Strategies For Damage Class Action Reform, Deborah R. Hensler, Thomas D. Rowe Jr.
Law and Contemporary Problems
No abstract provided.
The Nontrial Adversarial Model, Joel Seligman
The Nontrial Adversarial Model, Joel Seligman
Law and Contemporary Problems
No abstract provided.
Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch
Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch
Law and Contemporary Problems
No abstract provided.
Pleading Securities Fraud, Elliott J. Weiss
Pleading Securities Fraud, Elliott J. Weiss
Law and Contemporary Problems
No abstract provided.
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel
Law and Contemporary Problems
No abstract provided.
Loser-Pays—Or Whose “Fault” Is It Anyway: A Response To Hensler-Rowe’S “Beyond ‘It Just Ain’T Worth It’”, Marc I. Gross
Loser-Pays—Or Whose “Fault” Is It Anyway: A Response To Hensler-Rowe’S “Beyond ‘It Just Ain’T Worth It’”, Marc I. Gross
Law and Contemporary Problems
No abstract provided.
Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson
Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson
Law and Contemporary Problems
Johnson suggests that institutions are uniquely positioned to enhance the deterrence function of securities litigation without undermining the compensation goal.
Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii
Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii
Law and Contemporary Problems
Warren discusses the Private Securities Litigation Reform Act and the National Securities Market Improvement Act, among other issues. Predominant federalism postulates foreclose the proposed intrusion into investors' tort remedies traditionally allowed by the states under common law.
Preempting Unintended Consequences, A. A. Sommer Jr.
Preempting Unintended Consequences, A. A. Sommer Jr.
Law and Contemporary Problems
Sommer offers some insights on preemption. The case for preemption is that there is an inherent logic and consistency in having litigation involving nationally traded securities resolved in a single forum.
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
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.
Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort
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.