Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law reform (2)
- United States Supreme Court (2)
- China (1)
- Circuit split (1)
- Class actions (1)
-
- Dirks vs. SEC (1)
- Dodd-Frank Act (1)
- Due process (1)
- Equal protection (1)
- Fiduciary duty (1)
- Fraud (1)
- Free Enterprise Fund v. PCAOB (1)
- Globalization (1)
- Insider trading (1)
- Investors (1)
- Markets (1)
- Morality (1)
- Morrison v. National Australia Bank Ltd. (1)
- Personal benefit (1)
- Securities (1)
- Securities Exchange Act of 1934 (1)
- Securities Exchange Commission (1)
- Securities and Exchange Commission (1)
- Securities fraud (1)
- Seventh Amendment (1)
- Shareholders (1)
- Stock exchanges (1)
- United States v. Newman (1)
Articles 1 - 3 of 3
Full-Text Articles in Securities Law
Reforming Sec Alj Proceedings, Joanna Howard
Reforming Sec Alj Proceedings, Joanna Howard
University of Michigan Journal of Law Reform
This Note considers the current constitutional challenges to SEC administrative proceedings and suggests process reforms to enhance fairness for respondents. Challenges have developed since the Dodd-Frank Act expanded the SEC’s ability to use administrative proceedings. Arguments that there is a pre-existing flaw in the method of appointing administrative law judges provide the most potential for success. The Tenth Circuit’s December 2016 decision against the SEC in Bandimere has created a split, diverging from the D.C. Circuit’s analysis of that question in Lucia. Resolution by the Supreme Court may be inevitable. Even if the challengers do ultimately succeed, this will …
No More Quid Pro Quo: Abandoning The Personal Benefit Requirement In Insider Trading Law, Shannon Seiferth
No More Quid Pro Quo: Abandoning The Personal Benefit Requirement In Insider Trading Law, Shannon Seiferth
University of Michigan Journal of Law Reform
A circuit split between the Second Circuit’s 2014 decision, United States v. Newman, and the Ninth Circuit’s 2015 decision, United States v. Salman, illustrates problems in insider trading law dating back over thirty years to the Supreme Court’s decision in Dirks v. SEC. Dirks held that when a corporate insider provides information to an outside party who then trades on the information, it must be shown that the insider received some form of a personal benefit for providing the information in order to impute liability. The courts in Newman and Salman disagreed on the sort of evidence …
The Future Of Securities Class Actions Against Foreign Companies: China And Comity Concerns, Dana M. Muir, Junhai Liu, Haiyan Xu
The Future Of Securities Class Actions Against Foreign Companies: China And Comity Concerns, Dana M. Muir, Junhai Liu, Haiyan Xu
University of Michigan Journal of Law Reform
In Morrison v. National Australia Bank Ltd., the U.S. Supreme Court limited the application of U.S. securities fraud law in transnational situations. The Supreme Court noted that its decision was influenced by international comity considerations. In this Article, we evaluate the availability of class actions in China in cases involving alleged securities fraud. Because we find that the availability of those actions is too limited to fully protect U.S. shareholders, we argue that U.S. investors should be permitted to bring securities fraud class actions against non-U.S. companies whose securities are traded on a U.S. exchange regardless of where those investors …