Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Accredited investor standard (1)
- Breaches (1)
- Collateralized Debt Obligations (1)
- Consumers (1)
- Contract terms (1)
-
- Default (1)
- Dodd-Frank Wall Street Reform and Consumer Protection Act (1)
- Efficient Market Hypothesis (1)
- Empirical studies (1)
- Executive agency (1)
- FTC Commissioner (1)
- Federal Trade Commission Act (1)
- Goods (1)
- Humphrey (William E.) (1)
- Humphrey’s Executor v. United States (1)
- Interstate Commerce Commission (1)
- Investors (1)
- Jumpstart Our Business Startups (JOBS) Act (1)
- Myers v. United States (1)
- Nonpartisan (1)
- Nonpolitical (1)
- Perfect tender (1)
- Progressive era (1)
- Quasi-judicial (1)
- Quasi-legislative (1)
- SEC v. Ralston Purina (1)
- Securities Act (1)
- Securities and Exchange Commission (1)
- Services (1)
- Substantial performance (1)
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Consumer Protection Law
Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito
Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito
Michigan Business & Entrepreneurial Law Review
Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These “majoritarian” …
Revisiting The Accredited Investor Standard, Syed Haq
Revisiting The Accredited Investor Standard, Syed Haq
Michigan Business & Entrepreneurial Law Review
The passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) and the Jumpstart Our Business Startups (JOBS) Act provided the impetus for several changes in the financial regulatory regime. In the securities markets, Dodd-Frank included provisions that lifted a ban on general solicitation and mandated a review of the accredited investor standard. These changes, while intended to increase capital formation within our private markets, also brought to light serious investor protection issues. This note advocates for a new accredited investor standard that more accurately reflects the risks associated with investing in the private markets.
Debunking Humphrey's Executor, Daniel A. Crane
Debunking Humphrey's Executor, Daniel A. Crane
Articles
The Supreme Court’s 1935 Humphrey’s Executor decision paved the way for the modern administrative state by holding that Congress could constitutionally limit the President’s powers to remove heads of regulatory agencies. The Court articulated a quartet of features of the Federal Trade Commission’s (“FTC”) statutory design that ostensibly justified the Commission’s constitutional independence. It was to be nonpartisan and apolitical, uniquely expert, and performing quasi-legislative and quasi-judicial, rather than executive, functions. In recent years, the staying power of Humphrey’s Executor has been called into question as a matter of constitutional design. This Essay reconsiders Humphrey’s Executor from a different angle. …