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Full-Text Articles in Securities Law

Regulatory Effectiveness In Ofcs, Andrew Morriss, Clifford Henson Jul 2015

Regulatory Effectiveness In Ofcs, Andrew Morriss, Clifford Henson

Andrew P. Morriss

The claim that OFCs are lax regulators has two weaknesses. First, it ignores differences between OFCs and onshore jurisdictions that influence the effectiveness of regulatory measures, such as their relative need to protect retail investors and the effectiveness of informal constraints. Second, leading OFCs deploy resources that are comparable to leading onshore jurisdictions by many measures.


Closing Wall Street’S Commodity And Swaps Betting Parlors: Legal Remedies To Combat Needlessly Gambling Up The Price Of Crude Oil Beyond What Market Fundamentals Dictate, Michael Greenberger Sep 2012

Closing Wall Street’S Commodity And Swaps Betting Parlors: Legal Remedies To Combat Needlessly Gambling Up The Price Of Crude Oil Beyond What Market Fundamentals Dictate, Michael Greenberger

Michael Greenberger

The price of crude oil in the futures markets has oscillated wildly during the past five years. Although these price swings may partly be a result of insufficient supply meeting large demand for oil, economic data demonstrate that market fundamentals have in fact remained in equilibrium. An overwhelming number of market participants, financial analysts, and academics have instead shown that unregulated excessive speculation in the oil futures markets is to blame. Such excessive speculation is a result of the financialization of commodities, which has exacerbated price swings in oil because the speculative upward betting causes artificially high prices that do …


The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon Jun 2012

The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon

Scott T. FitzGibbon

The family is matter of heart and blood. It is created, in part, by physical and emotional intimacy. It projects itself through history through its biological dimension. Any reasonable definition of the family must recognize this fundamental characteristic. “Biological dimension” here refers, not only to genetic affinities, important as those may be, but to all physical connections and to all matters closely related to the physical. Thus, it includes all the activities and dispositions which, generation after generation, bring a family together in the great procreative project: the begetting and rearing of children. The biological dimension includes making love and …


Regulation Of Speculation In The Financial Market: Focusing On Derivative Instruments, Christopher Chao-Hung Chen May 2012

Regulation Of Speculation In The Financial Market: Focusing On Derivative Instruments, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

This article argues that market speculation is a conduct to acquire benefits by undertaking risk. Derivative instruments are powerful tools for market participants to conduct market speculation, which may help hedging, market making and completing investment market. However, pure and excessive speculation might cause net loss of market efficiency and create external costs. Some speculative transactions may imply asymmetric information. Market speculation might also lead to market abuse and even systemic risk. These reasons provide the basis to regulate market speculation by derivatives trading. This paper argues that Taiwan law might build on current regulatory model centring on the type …


Toward A Public Enforcement Model For Directors' Duty Of Oversight, Renee Jones, Michelle Welsh Feb 2012

Toward A Public Enforcement Model For Directors' Duty Of Oversight, Renee Jones, Michelle Welsh

Renee Jones

This Article proposes a public enforcement model for the fiduciary duties of corporate directors. Under the dominant model of corporate governance, the principal function of the board of directors is to oversee the conduct of senior corporate officials. When directors fail to provide proper oversight, the consequences can be severe for shareholders, creditors, employees, and society at large. Despite general agreement on the importance of director oversight, courts have yet to develop a coherent doctrine governing director liability for the breach of oversight duties. In Delaware, the dominant state for U.S. corporate law, the courts tout the importance of board …


Reforming The Third Year Of Law School, Lyman Johnson, Robert Danforth, David Millon Dec 2011

Reforming The Third Year Of Law School, Lyman Johnson, Robert Danforth, David Millon

Lyman P. Q. Johnson

No abstract provided.


Law, Fact, And Discretion In The Federal Courts: An Empirical Study, Robert Anderson Dec 2011

Law, Fact, And Discretion In The Federal Courts: An Empirical Study, Robert Anderson

Robert Anderson IV

The organization of the federal judiciary rests upon a division of labor between trial courts and appellate courts. Central to this division of labor is the standard of review, which requires that appellate courts review factual and discretionary decisions deferentially. The conventional wisdom is that appellate courts almost never reverse trial court findings of fact and rarely reverse discretionary decisions. The prevailing view, however, is greatly oversimplified. Data from federal cases suggest that standards of review operate in a much more complex and nuanced way than the conventional account would indicate. The empirical evidence suggests that the appellate courts routinely …