Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Basic Inc. v. Levinson (1)
- Class actions (1)
- Class disaggregation (1)
- Corporations (1)
- Damages (1)
-
- Erica P. John Fund (1)
- FINRA (1)
- Federal regulation (1)
- Federalism (1)
- Financial Industry Regulatory Authority (1)
- Fraud-on-the-market (1)
- Halliburton Co. v. Erica P John Fund Inc. (1)
- Inc. v. Halliburton Co. (Halliburton II) (1)
- Judge Easterbrook (1)
- Judge Posner (1)
- Judicial behavior (1)
- Judicial entrepreneur (1)
- Law reform (1)
- Litigation governance (1)
- NSMIA (1)
- National Securities Market Improvement Act (1)
- National market securities (1)
- Optimum deterrence (1)
- PSLRA (1)
- Rule 10(b)(5) (1)
- Rule 10b-5 (1)
- Rule 23(f) of the Federal Rules of Civil Procedure (1)
- SLUSA (1)
- Secondary securities (1)
- Securities Litigation Uniform Standards Act (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Securities Law
Disaggregated Classes, Benjamin P. Edwards
Superstar Judges As Entrepreneurs: The Untold Story Of Fraud-On-The-Market, Margaret V. Sachs
Superstar Judges As Entrepreneurs: The Untold Story Of Fraud-On-The-Market, Margaret V. Sachs
Scholarly Works
This Article unites two disparate subjects of profound interest to legal scholars. One is fraud-on-the-market, reaffirmed late last term in Erica P. John Fund, Inc. v. Halliburton Co. (Halliburton II). Probably the most important claim in the securities litigation universe, fraud-on-the-market is the sine qua non of almost every securities class action that is filed. The other subject consists of the work of Judges Frank Easterbrook and Richard Posner, the “superstars” of the current federal appellate bench.
My purpose is several-fold: first, to show that fraud-on-the-market’s evolution, up through and culminating in Halliburton II, has been driven in significant measure …
Halliburton Ii: A Loser's History, Adam C. Pritchard
Halliburton Ii: A Loser's History, Adam C. Pritchard
Articles
The Supreme Court was presented with an opportunity to bring fundamental reform to securities class actions last term in Halliburton Co. v. Erica P John Fund, Inc.. The Court ducked that opportunity, passing the buck to Congress to undo the mess that the Court had created a quarter century prior in Basic Inc. v. Levinson. Congress's history in dealing with securities class actions suggests that reform is unlikely to come from the legislature anytime soon. The Securities and Exchange Commission appears to be satisfied with the status quo as well. With these institutional actors resisting reform, corporations and …