Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Rule 10b-5 (2)
- (PSLRA) (1)
- Agency cost (1)
- Altruism (1)
- Banking and finance (1)
-
- Business (1)
- Charitable Contributions Deduction (1)
- Charitable Deduction (1)
- Charity (1)
- Class action (1)
- Columbia Law Review (1)
- Connecticut Law Review (1)
- Corporate insiders (1)
- Corporate law (1)
- Cosmopolitan Ethics (1)
- Crimes against property (1)
- Disclosure duties (1)
- Duke Law Journal (1)
- Economics law (1)
- Finance (1)
- Financial market (1)
- Fraud (1)
- Global Associational Revolution (1)
- Government and politics (1)
- Insider trading (1)
- International Tax (1)
- Journal of Corporation Law (1)
- Loss causation (1)
- Market claim (1)
- Nonprofit (Not-for-Profit) Organizations (1)
Articles 1 - 4 of 4
Full-Text Articles in Securities Law
Remapping The Charitable Deduction, David Pozen
Remapping The Charitable Deduction, David Pozen
Faculty Scholarship
If charity begins at home, scholarship on the charitable deduction has stayed at home. In the vast legal literature, few authors have engaged the distinction between charitable contributions that are meant to be used within the United States and charitable contributions that are meant to be used abroad. Yet these two types of contributions are treated very differently in the Code and raise very different policy issues. As Americans' giving patterns and the U.S. nonprofit sector grow increasingly international, the distinction will only become more salient.
This Article offers the first exploration of how theories of the charitable deduction apply …
The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky
The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky
Faculty Scholarship
This Article posits that the essential role of securities regulation is to create a competitive market for sophisticated professional investors and analysts (information traders). The Article advances two related theses – one descriptive and the other normative. Descriptively, the Article demonstrates that securities regulation is specifically designed to facilitate and protect the work of information traders. Securities regulation may be divided into three broad categories: (i) disclosure duties; (ii) restrictions on fraud and manipulation; and (iii) restrictions on insider trading – each of which contributes to the creation of a vibrant market for information traders. Disclosure duties reduce information traders’ …
Reforming The Securities Class Action: On Deterrence And Its Implementation, John C. Coffee Jr.
Reforming The Securities Class Action: On Deterrence And Its Implementation, John C. Coffee Jr.
Faculty Scholarship
Securities class actions impose enormous penalties, but they achieve little compensation and only limited deterrence. This is because of a basic circularity underlying the securities class action: When damages are imposed on the corporation, they essentially fall on diversified shareholders, thereby producing mainly pocket-shifting wealth transfers among shareholders. The current equilibrium benefits corporate insiders, insurers, and plaintiffs' attorneys, but not investors. The appropriate answer to this problem is not to abandon securities litigation, but to shift the incidence of its penalties so that, in the secondary market context, they fall less on the corporation and more on those actors who …
After Dura: Causation In Fraud-On-The-Market Actions, Merritt B. Fox
After Dura: Causation In Fraud-On-The-Market Actions, Merritt B. Fox
Faculty Scholarship
On April 19, 2005, the Supreme Court announced its unanimous opinion in Dura Pharmaceuticals, Inc. v. Broudo, concerning what a plaintiff must show to establish causation in a Rule lob-5 fraud-on-the-market suit for damages. The opinion had been awaited with considerable anticipation, being described at the time of oral argument in the Financial Times, for example, as the "most important securities case in a decade." After the opinion was handed down, a representative of the plaintiffs' bar lauded it as a "unanimous ruling protecting investors' ability to sue." A representative of the defendants' bar equally enthusiastically hailed it as "a …