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Articles 1 - 26 of 26
Full-Text Articles in Securities Law
Stakeholderism Silo Busting, Aneil Kovvali
Stakeholderism Silo Busting, Aneil Kovvali
Articles by Maurer Faculty
The fields of antitrust, bankruptcy, corporate, and securities law are undergoing tumultuous debates. On one side in each field is the dominant view that each field should focus exclusively on a specific constituency—antitrust on consumers, bankruptcy on creditors, corporate law on shareholders, and securities regulation on financial investors. On the other side is a growing insurgency that seeks to broaden the focus to a larger set of stakeholders, including workers, the environment, and political communities. But these conversations have largely proceeded in parallel, with each debate unfolding within the framework and literature of a single field. Studying these debates together …
Payment For Order Flow And The Great Missed Opportunity, Joel Seligman
Payment For Order Flow And The Great Missed Opportunity, Joel Seligman
Scholarship@WashULaw
In late January and early February 2021, an astounding story of stock market price volatility captivated the nation. GameStop, a corporation that in recent years had prodigiously lost money – $492 million two years earlier, $296 million the last year for which it reported data – rose from a low of $2.57 to a high of $483. In January 2021 alone, GameStop had risen from a closing price of $17.25 on January 4 to a close of $347.61 on January 27 before falling 44 percent to a close of $193.60 on January 28, rising 68 percent to a close of …
Private Enforcement Of Company Law And Securities Regulation In Korea, Hwa-Jin Kim
Private Enforcement Of Company Law And Securities Regulation In Korea, Hwa-Jin Kim
Book Chapters
This chapter offers a brief overview of the private enforcement of corporate law and securities regulation in Korea, with particular reference to the current legislative efforts in the Korean National Assembly and recent court cases. This chapter also talks about Korea’s ill-fated and misguided adoption of the fraud-on-the-market theory in securities fraud litigation.
Notes From The Border: Writing Across The Administrative Law/Financial Regulation Divide, Robert B. Ahdieh
Notes From The Border: Writing Across The Administrative Law/Financial Regulation Divide, Robert B. Ahdieh
Faculty Scholarship
A central feature – if not the central feature – of legal scholarship today is analysis across divides.
It is surprising, then, how little has been written across the divide that separates administrative law and financial regulation. That is perhaps especially so, given the modest nature of the relevant divide: one that is intra- rather than interdisciplinary, one that operates within rather than across geographic boundaries, and one that involves no temporal dimension but operates entirely within current-day law.
For all the proximity in their interests, targets of study, and even analytical tools, however, scholars of administrative law and of …
Do Conservative Justices Favor Wall Street: Ideology And The Supreme Court's Securities Regulation Decisions, Marco Ventoruzzo, Johannes W. Fedderke
Do Conservative Justices Favor Wall Street: Ideology And The Supreme Court's Securities Regulation Decisions, Marco Ventoruzzo, Johannes W. Fedderke
Journal Articles
The appointment of Supreme Court justices is a politically-charged process and the "ideology" (or "judicial philosophy") of the nominees is perceived as playing a potentially relevant role in their future decision-making. It is fairly easy to intuit that ideology somehow enters the analysis with respect to politically divisive issues such as abortion and procreative rights, sexual conduct, freedom of speech, separation of church and state, gun control, procedural protections for the accused in criminal cases, governmental powers. Many studies have tackled the question of the relevance of the ideology of the justices or appellate judges on these issues, often finding …
Mismatch: The Misuse Of Market Efficiency In Market Manipulation Class Actions, Charles R. Korsmo
Mismatch: The Misuse Of Market Efficiency In Market Manipulation Class Actions, Charles R. Korsmo
Faculty Publications
Plaintiffs commonly bring two distinct types of claims under Section 1(b) of the Securities Exchange Act of 1934: 1) claims of material misrepresentations or omissions; and 2) claims of trade-based market manipulation. Despite the distinctive features of the two types of claims, courts have tended to treat them identically when applying the “fraud on the market” doctrine. In particular, courts have required both types of plaintiffs to make identical showings that the relevant security traded in an “efficient market” in order to gain a presumption of reliance. The reasons for requiring such a showing by plaintiffs in a misrepresentation case …
Managing Corporate Federalism: The Least-Bad Approach To The Shareholder Bylaw Debate, Christopher M. Bruner
Managing Corporate Federalism: The Least-Bad Approach To The Shareholder Bylaw Debate, Christopher M. Bruner
Scholarly Works
Over recent decades, shareholders in public corporations have increasingly sought to augment their own power - and, correlatively, to limit the power of boards - through creative use of corporate bylaws. The bylaws lend themselves to such efforts because enacting, amending, and repealing bylaws are essentially the only corporate governance actions that shareholders can undertake unilaterally. In this Article I examine thecontested nature of bylaws, the fundamental issues of corporate power and purpose that they implicate, and the differing ways in which state and federal lawmakers and regulators may impact the debate regarding thescope of the shareholders' bylaw authority.
The …
The Future Of Shareholder Democracy, Lisa Fairfax
The Future Of Shareholder Democracy, Lisa Fairfax
All Faculty Scholarship
This Article seeks to ascertain the impact of the Securities and Exchange Commission's rejection in 2007 of a proxy access rule, a rule that would have required corporations to include shareholder-nominated candidates on the ballot. On the one hand, the SEC's rejection appears to be a stunning blow to the shareholders' rights campaign because many shareholders' rights advocates have long considered access to the corporate ballot as the "holy grail" of their campaign for increased shareholder power. On the other hand, some corporate experts maintain that characterizing proxy access as the indispensable ingredient for sufficient shareholder influence fails to appreciate …
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Basic, Inc. V. Levinson, Lewis F. Powell Jr.
Basic, Inc. V. Levinson, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gould V. Ruefenacht, Lewis F. Powell Jr.
Gould V. Ruefenacht, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.
Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Daily Income Fund, Inc. V. Fox, Lewis F. Powell Jr.
Daily Income Fund, Inc. V. Fox, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Dirks V. Securities And Exchange Commission, Lewis F. Powell Jr.
Dirks V. Securities And Exchange Commission, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Transamerica Mortgage Advisors, Inc. V. Lewis, Lewis F. Powell Jr.
Transamerica Mortgage Advisors, Inc. V. Lewis, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Leroy V. Great Western United Corp., Lewis F. Powell Jr.
Leroy V. Great Western United Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Parklane Hosiery Co., Inc. V. Shore, Lewis F. Powell Jr.
Parklane Hosiery Co., Inc. V. Shore, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
International Brotherhood Of Teamsters, Chauffeurs, Warehousemen & Helpers Of America V. Daniel, Lewis F. Powell Jr.
International Brotherhood Of Teamsters, Chauffeurs, Warehousemen & Helpers Of America V. Daniel, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Touche Ross Co. V. Redington, Lewis F. Powell Jr.
Touche Ross Co. V. Redington, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Foremost-Mckesson, Inc. V. Provident Securities Co., Lewis F. Powell Jr.
Foremost-Mckesson, Inc. V. Provident Securities Co., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Securities Investor Protection Corporation V. Barbour, Lewis F. Powell Jr.
Securities Investor Protection Corporation V. Barbour, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rondeau V. Mosinee Paper Corp., Lewis F. Powell Jr.
Rondeau V. Mosinee Paper Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Blue Chip Stamps V. Manor Drug Stores, Lewis F. Powell Jr.
Blue Chip Stamps V. Manor Drug Stores, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. National Association Of Securities Dealers, Inc., Lewis F. Powell Jr.
United States V. National Association Of Securities Dealers, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United Housing Foundation V. Forman, Lewis F. Powell Jr.
United Housing Foundation V. Forman, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Scherk V. Alberto-Culver Co., Lewis F. Powell Jr.
Scherk V. Alberto-Culver Co., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.