Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Commercial Law (3)
- Jurisprudence (3)
- Legislation (3)
- Aiding and abetting (2)
- Banking and Finance (2)
-
- Collateral participants (2)
- Constitutional Law (2)
- Corporations (2)
- Insider trading (2)
- Law and Economics (2)
- Legal History (2)
- Securities Law (2)
- Supreme Court (2)
- Business (1)
- Canons of construction (1)
- Civil Rights and Discrimination (1)
- Conservative (1)
- Consumer Protection Law (1)
- Corporate fraud (1)
- Discrimination (1)
- Economics (1)
- Equal protection (1)
- Fourteenth Amendment (1)
- Fraud (1)
- History (1)
- Human Rights Law (1)
- Investor protection (1)
- Judicial activism (1)
- Liberal (1)
- Marketing (1)
Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen Ross
Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen Ross
Stephen F Ross
The purpose of this paper is to explore what, if anything, Congress should do about the canons of statutory construction to prevent judges who are more conservative (or perhaps, in a future era, more progressive) than the majority of the legislature from employing those canons to distort or frustrate legislative policy preferences.
Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas
Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas
Jude A Thomas
Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …
Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock
Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock
Charles W. Murdock
“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.
The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …
Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock
Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock
Charles W. Murdock
“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.
The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …