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Securities Law Commons

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Articles 1 - 16 of 16

Full-Text Articles in Securities Law

Do Differences In Pleadings Standards Cause Forum Shopping In Securities Class Actions?: Doctrinal And Empirical Analyses, James D. Cox, Randall S. Thomas, Lin (Lynn) Bai Jan 2009

Do Differences In Pleadings Standards Cause Forum Shopping In Securities Class Actions?: Doctrinal And Empirical Analyses, James D. Cox, Randall S. Thomas, Lin (Lynn) Bai

Faculty Articles and Other Publications

Federal appellate courts have promulgated divergent legal standards for pleading fraud in securities fraud class actions after the Private Securities Litigation Reform Act (PSLRA). Recently, the Supreme Court of the United States issued a decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd. that could have resolved these differences, but did not do so. This Paper provides two significant contributions. We first show that Tellabs avoids deciding the hard issues that confront courts and litigants daily in the wake of the PSLRA's heightened pleading standard. As a consequence, the opinion keeps very much alive the circuits' disparate interpretations of …


Securities And Commerical Law Research, Adeen Postar Jan 2009

Securities And Commerical Law Research, Adeen Postar

Way2Search! Topical Instruction Series

No abstract provided.


Warming Up To Climate Change Risk Disclosure, Jeffrey M. Mcfarland Jan 2009

Warming Up To Climate Change Risk Disclosure, Jeffrey M. Mcfarland

Jeffrey M McFarland

No abstract provided.


Storetrax.Com, Inc. V. Gurland: An Unnecessarily Broad Rule That Could Adversely Affect A Corporation's Shareholders, Julie M. Dietrick Jan 2009

Storetrax.Com, Inc. V. Gurland: An Unnecessarily Broad Rule That Could Adversely Affect A Corporation's Shareholders, Julie M. Dietrick

Journal of Business & Technology Law

No abstract provided.


Estate Of Pew V. Cardarelli, Rachel Bell Jan 2009

Estate Of Pew V. Cardarelli, Rachel Bell

NYLS Law Review

No abstract provided.


Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc.: Views From The Academy, The Bar, And The Bench. Introduction Jan 2009

Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc.: Views From The Academy, The Bar, And The Bench. Introduction

Journal of Business & Technology Law

No abstract provided.


The Future Of Securities Litigation, Richard A. Booth Jan 2009

The Future Of Securities Litigation, Richard A. Booth

Journal of Business & Technology Law

No abstract provided.


The Diminishing Role Of The Private Attorney General In Antitrust And Securities Class Action Cases Aided By The Supreme Court, Carl W. Hittinger, Jarod M. Bona Jan 2009

The Diminishing Role Of The Private Attorney General In Antitrust And Securities Class Action Cases Aided By The Supreme Court, Carl W. Hittinger, Jarod M. Bona

Journal of Business & Technology Law

No abstract provided.


Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc.: Substitution Of Congressional Intent With Caveat Emptor, Albert J. Matricciani Jr. Jan 2009

Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc.: Substitution Of Congressional Intent With Caveat Emptor, Albert J. Matricciani Jr.

Journal of Business & Technology Law

No abstract provided.


Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick Jan 2009

Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick

University of Richmond Law Review

No abstract provided.


Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck Jan 2009

Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck

Oklahoma Law Review

No abstract provided.


Reinventing The Sec By Staring Into Its Past, James D. Cox Jan 2009

Reinventing The Sec By Staring Into Its Past, James D. Cox

Faculty Scholarship

No abstract provided.


Do Differences In Pleading Standards Cause Forum Shopping In Securities Class Actions?: Doctrinal And Empirical Analyses, Randall Thomas, James D. Cox, Lynn Bai Jan 2009

Do Differences In Pleading Standards Cause Forum Shopping In Securities Class Actions?: Doctrinal And Empirical Analyses, Randall Thomas, James D. Cox, Lynn Bai

Vanderbilt Law School Faculty Publications

Federal appellate courts have promulgated divergent legal standards for pleading fraud in securities fraud class actions after the Private Securities Litigation Reform Act (PSLRA). Recently, the U.S. Supreme Court issued a decision in Tellabs v. Makor Issues & Rights that could have resolved these differences, but did not do so. This article provides two significant contributions. We first show that Tellabs avoids deciding the hard issues that confront courts and litigants daily in the wake of the PSLRA's heightened pleading standard. As a consequence, the opinion keeps very much alive the circuits' disparate interpretations of the PSLRA's fraud pleading standard. …


Hall Street Blues: The Uncertain Future Of Manifest Disregard, Jill I. Gross Jan 2009

Hall Street Blues: The Uncertain Future Of Manifest Disregard, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

In 2008, in Hall Street Assocs. v. Mattel, Inc., the Supreme Court resolved a then-existing split in the federal circuits and held that parties cannot contractually expand the grounds for judicial review of an arbitration award when invoking the Federal Arbitration Act's vacatur provisions, elevating the finality of arbitration over the parties’ freedom of contract. The Hall Street decision necessarily impacted subsequent jurisprudence regarding parties’ motions to vacate arbitration awards. While the opinion clearly and explicitly barred further contractual expansion of grounds for review, it also avoided and thus left unresolved the issue of whether it would endorse or reject …


Teamsters Local 445 Freight Division Pension Fund V. Dynex Capital Inc., Erica E. Bonnett Jan 2009

Teamsters Local 445 Freight Division Pension Fund V. Dynex Capital Inc., Erica E. Bonnett

NYLS Law Review

No abstract provided.


Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz Jan 2009

Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.