Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business Organizations Law (2)
- Civil Law (2)
- Courts (2)
- Evidence (2)
- Judges (2)
-
- Legal Remedies (2)
- Legislation (2)
- Secured Transactions (2)
- Torts (2)
- Accounting (1)
- Accounting Law (1)
- Administrative Law (1)
- Admiralty (1)
- Agency (1)
- Agriculture Law (1)
- Air and Space Law (1)
- Animal Law (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Business (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Communications Law (1)
- Comparative and Foreign Law (1)
- Computer Law (1)
- Conflict of Laws (1)
- Institution
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Securities Law
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Reassessing Damages In Securities Fraud Class Actions, Elizabeth C. Burch
Reassessing Damages In Securities Fraud Class Actions, Elizabeth C. Burch
ExpressO
No coherent doctrinal statement exists for calculating open-market damages for securities fraud class actions. Instead, courts have tried in vain to fashion common-law deceit and misrepresentation remedies to fit open-market fraud. The result is a relatively ineffective system with a hallmark feature: unpredictable damage awards. This poses a significant fraud deterrence problem from both a practical and a theoretical standpoint.
In 2005, the Supreme Court had the opportunity to clarify open-market damage principles and to facilitate earlier dismissal of cases without compensable economic losses. Instead, in Dura Pharmaceuticals v. Broudo, it further confused the damage issue by (1) perpetuating the …
Current Economic Issues In Securities Litigation, Scott D. Hakala
Current Economic Issues In Securities Litigation, Scott D. Hakala
Scott D Hakala
This paper discusses the economic framework for determining economic loss in securities litigation and the then current case law. This includes discussions regarding assessing materiality and reliance, the use of event study analyses to identify loss causationg and the interaction of legal and economic principles.