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Full-Text Articles in Securities Law
Resurrecting Deference To The Securities And Exchange Commission: Mark Cuban Trading On Inside Information, Steven J. Cleveland
Resurrecting Deference To The Securities And Exchange Commission: Mark Cuban Trading On Inside Information, Steven J. Cleveland
Florida Law Review
By applying the Supreme Court‘s administrative law jurisprudence to the examination of the validity of Rule 10b5-2(b)(1)—a rule recently adopted by the Securities and Exchange Commission (Commission)—this Article fills a significant gap in the existing literature. To date, commentators have argued against the rule‘s validity by applying the Supreme Court‘s securities law jurisprudence without considering the role of administrative law—despite the Court‘s comments that the pertinent statute is ambiguous, despite express delegation of rulemaking authority by Congress to the Commission, and despite developments in administrative law subsequent to the Court‘s relevant securities law decisions. By not considering the role of …
The Federal Sentencing Guidelines’ Abuse Of Trust Enhancement: An Argument For The Professional Discretion Approach, Adam Denver Griffin
The Federal Sentencing Guidelines’ Abuse Of Trust Enhancement: An Argument For The Professional Discretion Approach, Adam Denver Griffin
Florida Law Review
This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to change the primary “truthfinding mission” of criminal law from one of adjudicating individual historical cases to one of identifying dangerous “offenders.” This change of mission is visible in the lower proof standards we apply to repeat criminal offenders. The first section of this Article explains how plea bargaining and graduated sentencing systems based on criminal history …