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Full-Text Articles in Securities Law

Brief Of Professors At Law And Business Schools As Amici Curiae In Support Of Respondents: Omnicare, Inc., Et Al. V. Laborers District Council Construction Industry Pension Fund, Et Al., Celia Taylor, Lyman P. Q. Johnson, J. Robert Brown, Joan Macleod Heminway Sep 2014

Brief Of Professors At Law And Business Schools As Amici Curiae In Support Of Respondents: Omnicare, Inc., Et Al. V. Laborers District Council Construction Industry Pension Fund, Et Al., Celia Taylor, Lyman P. Q. Johnson, J. Robert Brown, Joan Macleod Heminway

Lyman P. Q. Johnson

None available.


Why Register Hedge Fund Advisers—A Comment, Lyman P.Q. Johnson Nov 2013

Why Register Hedge Fund Advisers—A Comment, Lyman P.Q. Johnson

Lyman P. Q. Johnson

No abstract provided.


Securities Fraud And The Mirage Of Repose, Lyman P. Q. Johnson Jan 2013

Securities Fraud And The Mirage Of Repose, Lyman P. Q. Johnson

Lyman P. Q. Johnson

After decades of confusion, in 1991 the Supreme Court articulated a uniform federal limitations period for securities fraud claims grounded on Rule 10b-5. The court further held that the new limitations period was not subject to equitable tolling.

This Article argues that the court wrongly conflated into a singular equitable tolling doctrine two historically and normatively distinct bases for tolling a limitations period. Only claims of securities fraud uncomplicated by a later cover-up of the original fraud are free from tolling principles. The limitations period for fraud which is subsequently concealed by an original wrongdoer remains, because of the still …


Re-Enchanting The Corporation, Lyman P.Q. Johnson Jan 2013

Re-Enchanting The Corporation, Lyman P.Q. Johnson

Lyman P. Q. Johnson

No abstract provided.


The Case Beyond Time, Lyman P.Q. Johnson, David K. Millon Jan 2013

The Case Beyond Time, Lyman P.Q. Johnson, David K. Millon

Lyman P. Q. Johnson

The Delaware Supreme Court's opinion in Paramount Communications, Inc. v. Time, Inc.' treats several important questions that arise in connection with hostile corporate takeovers. At the same time, it leaves three critical issues unanswered. In this article, we first briefly describe what the Time decision did, comparing Chancellor William Allen's somewhat discursive Chancery Court opinion with the more peremptory ruling of the Supreme Court. Next, we identify three unarticulated but potentially far-reaching implications of both the Supreme Court's and Chancellor Allen's reasoning that threaten to destabilize seemingly settled doctrine governing the conduct of target company management.


For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Xi - Securities Regulation, Lyman P.Q. Johnson Jan 2013

For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Xi - Securities Regulation, Lyman P.Q. Johnson

Lyman P. Q. Johnson

Not available.


State Takeover Statutes: Constitutionality, Community, And Heresy, Lyman P. Q. Johnson Jan 2013

State Takeover Statutes: Constitutionality, Community, And Heresy, Lyman P. Q. Johnson

Lyman P. Q. Johnson

No abstract provided.


The Reincarnation Of Rule 152: False Hope On The Integration Front, Lyman P. Q. Johnson, Steve Patterson Jan 2013

The Reincarnation Of Rule 152: False Hope On The Integration Front, Lyman P. Q. Johnson, Steve Patterson

Lyman P. Q. Johnson

No abstract provided.


Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone Jan 2013

Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone

Lyman P. Q. Johnson

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them? This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …


Recalling Why Corporate Officers Are Fiduciaries, Lyman P.Q. Johnson, David Millon Jan 2013

Recalling Why Corporate Officers Are Fiduciaries, Lyman P.Q. Johnson, David Millon

Lyman P. Q. Johnson

No abstract provided.


Reforming The Third Year Of Law School, Lyman Johnson, Robert Danforth, David Millon Dec 2011

Reforming The Third Year Of Law School, Lyman Johnson, Robert Danforth, David Millon

Lyman P. Q. Johnson

No abstract provided.