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Full-Text Articles in Securities Law

The Dangers And Drawbacks Of The Disclosure Antidote: Toward A More Substantive Approach To Securities Regulation, Susanna K. Ripken Dec 2005

The Dangers And Drawbacks Of The Disclosure Antidote: Toward A More Substantive Approach To Securities Regulation, Susanna K. Ripken

Susanna K. Ripken

This article analyzes and critiques the federal securities laws' reliance on disclosure as the primary method of protecting investors and regulating the securities markets. Since the inception of the federal securities law seventy years ago, the policy has always been that, as long as corporations disclose all material information about their operations and their stock, public investors can make their own informed investment decisions. The unprecedented number of corporate frauds, scandals, and bankruptcies in recent years has revealed weaknesses in the traditional disclosure strategy of regulation. Disclosure rules did not protect American investors from the damages they suffered when large …


Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy Dec 2005

Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy

Benedict Sheehy

Abstract: Shareholders rights advocates argue that shareholders have the right to control the corporation. This article examines the basis for the claims. It begins with an analysis of rights, then moves to an analysis of legal rights, which is followed by an analysis of property rights as a species of legal rights. The article then examines the historical context, rationale and development of shareholder rights which leads to the analysis of current shareholders’ rights. The article concludes with some comments and suggestions concerning future development of corporate governance thinking.


El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi Dec 2005

El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi

Pierino Stucchi

No abstract provided.


The Seduction Of Lydia Bennet: Toward A General Theory Of Society, Marriage, And The Family, Scott T. Fitzgibbon Dec 2005

The Seduction Of Lydia Bennet: Toward A General Theory Of Society, Marriage, And The Family, Scott T. Fitzgibbon

Scott T. FitzGibbon

This article sketches the foundation for a general theory of society. Rejecting portrayals that make society a field of exploitation and dominance, it proposes instead an account that locates the foundation of society in its service of certain basic goods. Society is a kind of friendship. It is to be defined based on the goods of friendship and the projects that serve those goods. Its elements, including those of obligation, office, shame, and rehabilitation, further those goods. The society that emerges from this account is a "society of life." This article also proposes the concept of "components of society," reflecting …


Does Federalism Matter? Its Perplexing Role In The Corporate Governance Debate, Renee Jones Dec 2005

Does Federalism Matter? Its Perplexing Role In The Corporate Governance Debate, Renee Jones

Renee Jones

No abstract provided.


Good News Investors! You’Ve Got A Financial Expert On The Board: The Bad News? It Doesn’T Mean Anything, Jeffrey M. Mcfarland Dec 2005

Good News Investors! You’Ve Got A Financial Expert On The Board: The Bad News? It Doesn’T Mean Anything, Jeffrey M. Mcfarland

Jeffrey M McFarland

No abstract provided.