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Full-Text Articles in Securities Law

The Risk Of Regulatory Arbitrage: A Response To Securities Regulation In Virtual Space, Wendy Gerwick Couture Jan 2018

The Risk Of Regulatory Arbitrage: A Response To Securities Regulation In Virtual Space, Wendy Gerwick Couture

Washington and Lee Law Review Online

In Securities Regulation in Virtual Space, Eric. C. Chaffee explores the potential applicability of the securities laws to virtual transactions based on virtual activity and argues that, although many of these transactions likely qualify as “investment contracts” under S.E.C. v. W.J. Howey Co., they should be excluded under the context clause because, among other reasons, application of the securities laws would stifle creativity within this innovative space. This Response proposes a reframing of the Howey test as a response to the risk of regulatory arbitrage, argues that the context clause should only exclude transactions that do not pose …


Securities Regulation In Virtual Space, Eric C. Chaffee Jun 2017

Securities Regulation In Virtual Space, Eric C. Chaffee

Washington and Lee Law Review

No abstract provided.


Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway May 2017

Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway

Washington and Lee Law Review Online

No abstract provided.


Mad Money: Rethinking Private Placements, Abraham J.B. Cable Sep 2014

Mad Money: Rethinking Private Placements, Abraham J.B. Cable

Washington and Lee Law Review

Currently, regulations try to limit unregistered sales of stock (private placements) to the “smart money,” either by informing investors through disclosure or excluding unsophisticated investors from the market. In theory, these smart-money approaches promote the dual goals of capital formation and investor protection. But in practice, regulators have struggled to craft effective disclosure or screening mechanisms. In light of these failures, this Article advocates for a new approach—investment caps that allow every investor a limited amount of “mad money” to invest in risky private placements. This mad-money approach can protect investors by encouraging basic diversification and liquidity, while advancing capital …


Randall V. B.J. Loftsgaarden, Lewis F. Powell Jr. Oct 1985

Randall V. B.J. Loftsgaarden, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Schreiber V. Burlington Northern, Inc., Lewis F. Powell Jr. Oct 1984

Schreiber V. Burlington Northern, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Lowe V. Securites And Exchange Commission, Lewis F. Powell Jr. Oct 1984

Lowe V. Securites And Exchange Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bateman Eichler, Hill Richards, Inc. V. Berner, Lewis F. Powell Jr. Oct 1984

Bateman Eichler, Hill Richards, Inc. V. Berner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Herman & Mclean V. Huddleston, Lewis F. Powell Jr. Oct 1982

Herman & Mclean V. Huddleston, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Edgar V. Mite Corp., Lewis F. Powell Jr. Oct 1981

Edgar V. Mite Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Steadman V. Security And Exchange Commission (Sec), Lewis F. Powell Jr. Oct 1980

Steadman V. Security And Exchange Commission (Sec), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Rubin V. United States, Lewis F. Powell Jr. Oct 1980

Rubin V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Aaron V. Securities And Exchange Commission (Sec), Lewis F. Powell Jr. Oct 1979

Aaron V. Securities And Exchange Commission (Sec), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Naftalin, Lewis F. Powell Jr. Sep 1978

United States V. Naftalin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.