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Articles 1 - 2 of 2
Full-Text Articles in Jurisprudence
The Scope And Jurisprudence Of The Investment Management Regulation, Tamar Frankel
The Scope And Jurisprudence Of The Investment Management Regulation, Tamar Frankel
Faculty Scholarship
This Essay reviews three periods of investment company regulation by the Securities and Exchange Commission. It focuses on the period of 1975 to 2000 in which the Commission granted exemptions on conditions, thus deregulating and reregulating, case by case and finally codifying the exemptions in an exemptive rule. The Essay analyses this form of rule-making and compares it to prosecution, settlements, and initial rule-making that typifies the recent years. The Essay concludes that the common law method of legislation, especially when it involves a "bargain" between the regulators and law-abiding regulated institutions who wish to innovate, is likely to lead …
Sacred Visions Of Law, Robert L. Tsai
Sacred Visions Of Law, Robert L. Tsai
Faculty Scholarship
Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …