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Promises Made, Promises Kept: The Practical Implications Of The Private Securities Litigation Reform Act Of 1995, Harvey L. Pitt, Karl A. Groskaufmanis, David B. Hardison, Dixie L. Johnson Aug 1996

Promises Made, Promises Kept: The Practical Implications Of The Private Securities Litigation Reform Act Of 1995, Harvey L. Pitt, Karl A. Groskaufmanis, David B. Hardison, Dixie L. Johnson

San Diego Law Review

This Article suggests approaches that can be taken in addressing the pragmatic concerns of companies with regard to the Private Securities Litigation Reform Act of 1995. These concerns include what form companies' disclosures should take in order to secure the protection of the safe harbor. They also include a need for concrete guidance on the day-to-day response to obligations that are newly required by this statute. Individual directors of companies have no blueprint as to how their boards should respond to this new legislation. This Article provides practical approaches for directors.


Consumer Protection For Latinos: Overcoming Language Fraud And English-Only In The Marketplace , Steven W. Bender Apr 1996

Consumer Protection For Latinos: Overcoming Language Fraud And English-Only In The Marketplace , Steven W. Bender

American University Law Review

No abstract provided.


Jurisdiction In Cyberspace, Henry H. Perritt Jr. Jan 1996

Jurisdiction In Cyberspace, Henry H. Perritt Jr.

Villanova Law Review (1956 - )

No abstract provided.


The Liability Of Corporate Officials To Their Outside Auditor For Financial Statement Fraud, Michael R. Young Jan 1996

The Liability Of Corporate Officials To Their Outside Auditor For Financial Statement Fraud, Michael R. Young

Fordham Law Review

No abstract provided.


Consumer Protection For Latinos: Overcoming Language Fraud And English Only In The Marketplace, Steven W. Bender Jan 1996

Consumer Protection For Latinos: Overcoming Language Fraud And English Only In The Marketplace, Steven W. Bender

Faculty Articles

Non-English-speaking consumers deserve the same protection as other consumers, and thus, this article advocates guarantees for their ability to strike informed bargains. To safeguard consumers most vulnerable to unfair and deceptive trade practices, this article contemplates a comprehensive strategy of reform that involves the legislatures, administrative agencies, and courts, as well as nonprofit organizations that advocate for language minorities and merchants themselves. Part I examines the growth in numbers of monolingual Latino/a consumers and documents their experience in the American marketplace. Part I also explores the shortcomings of existing remedies under the common law and consumer protection regulation when applied …


The Importance Of Being Honset - Lessons From An Era Of Large-Scale Financial Fraud, Anita Ramasastry, Thomas C. Baxter Jan 1996

The Importance Of Being Honset - Lessons From An Era Of Large-Scale Financial Fraud, Anita Ramasastry, Thomas C. Baxter

Articles

In recent years, we have seen a series of staggering losses sustained by large multinational banking organizations. The Daiwa Bank ("Daiwa"), Barings Bank ("Barings") and the Bank of Credit and Commerce International ("BCCI") are three prominent examples. Each of these institutions suffered losses in excess of $1 billion through unauthorized, fraudulent or unlawful conduct by management. In each of these institutions, there existed a key bank official who broke through what might be considered a billion dollar barrier. At Daiwa Bank's New York Branch, there was Toshihbe Iguchi, its Senior Vice President and bond trader. Barings Bank had Nick Leeson, …


Ethical Issues In Tax Practice, Robert I. Brauer, James P. Holden Dec 1995

Ethical Issues In Tax Practice, Robert I. Brauer, James P. Holden

William & Mary Annual Tax Conference

No abstract provided.


One More Effect Of Nafta - A Multilateral Extradition Treaty?, Rita Patel Sep 1995

One More Effect Of Nafta - A Multilateral Extradition Treaty?, Rita Patel

Penn State International Law Review (1982 - 2011)

No abstract provided.


Of Securities Law In Haven Jurisdictionspalm Trees Hide More Than Sunshine: The Extraterritorial Application, Howard S. Eberstein May 1995

Of Securities Law In Haven Jurisdictionspalm Trees Hide More Than Sunshine: The Extraterritorial Application, Howard S. Eberstein

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Re-Defining Of White Collar Crime, M. I. Dixon May 1995

The Re-Defining Of White Collar Crime, M. I. Dixon

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Spanish System Of Church And State, Gloria M. Moran May 1995

The Spanish System Of Church And State, Gloria M. Moran

BYU Law Review

No abstract provided.


The Fbi In The 21st Century, Howard M. Shapiro Jan 1995

The Fbi In The 21st Century, Howard M. Shapiro

Cornell International Law Journal

No abstract provided.


Personal Data Security: Divergent Standards In The European Union And The United States, Amy Fleischmann Jan 1995

Personal Data Security: Divergent Standards In The European Union And The United States, Amy Fleischmann

Fordham International Law Journal

This Note argues that the U.S. Government should discontinue all attempts to establish EES as the de facto encryption standard in the United States because the economic disadvantages associated with widespread implementation of EES outweigh the advantages this advanced data security system provides. Part I discusses the EU's legislative efforts to ensure personal data security and analyzes the evolution of encryption technology in the United States. Part II examines the methods employed by the U.S. Government to establish EES as the de facto U.S. encryption standard. Part III argues that the U.S. Government should terminate its effort to establish EES …


The Savings And Loan Debacle Of The 1980s: White-Collar Crime Or Risky Business, William K. Black, Calavita Kitty, Pontell N. Henry Jan 1995

The Savings And Loan Debacle Of The 1980s: White-Collar Crime Or Risky Business, William K. Black, Calavita Kitty, Pontell N. Henry

Faculty Works

This paper examines the role of white-collar crime in the savings and loan crisis. Noting economists' assertions that crime was only a minor ingredient in the crisis, we compare the explanatory power of this "minimal fraud" model to that of its "material fraud" alternative. Bringing together evidence from every major study of thrifts in the 1980s, we argue that only the material fraud hypothesis can make sense of these data. This study demonstrates the utility of deductive reasoning in distinguishing between white-collar crime and ordinary business transactions, thereby potentially contributing to prosecutorial efforts, and helping resolve long-standing methodological dilemmas confront­ing …


Repo Madness: The Characterization Of Repurchase Agreements Under The Bankruptcy Code And The U.C.C., Jeanne L. Schroeder Jan 1995

Repo Madness: The Characterization Of Repurchase Agreements Under The Bankruptcy Code And The U.C.C., Jeanne L. Schroeder

Articles

The article examines the legal characterization of repurchase agreements (repos) under the Bankruptcy Code and the Uniform Commercial Code (U.C.C.), with a focus on proposed revisions to Articles 8 and 9. It argues that repos should be treated as sales rather than secured loans, primarily due to the repo buyer's unrestricted right to deal with the collateral. This characterization is supported by court rulings in cases such as In re Bevill, Bresler & Schulman and SEC v. Drysdale Securities Corp., which emphasize the transfer of ownership and the buyer's ability to engage with the securities. The article critiques current methods …


Assembly Office Of Research, S. Cola Jan 1995

Assembly Office Of Research, S. Cola

California Regulatory Law Reporter

No abstract provided.


Senate Office Of Research, S. Cola Jan 1995

Senate Office Of Research, S. Cola

California Regulatory Law Reporter

No abstract provided.


Oregon Consumer Protection: Outfitting Private Attorneys General For The Lean Years Ahead, Steven W. Bender Jan 1994

Oregon Consumer Protection: Outfitting Private Attorneys General For The Lean Years Ahead, Steven W. Bender

Faculty Articles

This article examines Oregon's UTPA with an eye toward legislative and judicial reforms that will strengthen its private cause of action and thereby facilitate private enforcement. First, the scope of the UTPA is examined. Next, private remedies authorized by the UTPA are critiqued. Finally, the role of the DOJ is reformulated in response to declining public resources and increased reliance on private enforcement.


Index Volume 17 Dec 1993

Index Volume 17

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Department Of Savings And Loan, M. Friedman, E. D'Angelo Oct 1993

Department Of Savings And Loan, M. Friedman, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Table Of Contents - Vol. 17, No. 1 1993 Aug 1993

Table Of Contents - Vol. 17, No. 1 1993

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Seton Hall University School Of Law Legislative Bureau Symposium On Securities Law Enforcement Priorities - April 10, 1992 Aug 1993

Seton Hall University School Of Law Legislative Bureau Symposium On Securities Law Enforcement Priorities - April 10, 1992

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Auditor Whistle Blowing: The Financial Fraud Detection And Disclosure Act, Allison Dabbs Garrett Aug 1993

Auditor Whistle Blowing: The Financial Fraud Detection And Disclosure Act, Allison Dabbs Garrett

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


An Introduction To The European Community's Legal Ethics Code - Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel Terry Jul 1993

An Introduction To The European Community's Legal Ethics Code - Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel Terry

Faculty Scholarly Works

This article, which is Part 1 of two articles, examines the CCBE Code of Conduct. CCBE is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to apply to situations in which lawyers from one CCBE Member of Observer State were involved with lawyers from another CCBE State. This article summarizes the development of the CCBE Code of Conduct, explains who it applies …


Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel Jan 1993

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Masters Of Paradise: Organized Crime And The Internal Revenue Service In The Bahamas, Mary Lorenz Dietz Jan 1993

Masters Of Paradise: Organized Crime And The Internal Revenue Service In The Bahamas, Mary Lorenz Dietz

Michigan Journal of International Law

Review of the book by Alan A. Block


Seton Hall University School Of Law Legislative Bureau Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel Jan 1993

Seton Hall University School Of Law Legislative Bureau Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Where Were The Lawyers? A Behavioral Inquiry Into Lawyers' Responsibility For Clients' Fraud, Donald C. Langevoort Jan 1993

Where Were The Lawyers? A Behavioral Inquiry Into Lawyers' Responsibility For Clients' Fraud, Donald C. Langevoort

Vanderbilt Law Review

Where were the lawyers? Perhaps rhetorical, even sarcastic, this question is being asked all too frequently after large financial frauds. "[W]ith all the professional talent involved," mused Judge Sporkin in a decision growing out of the Lincoln Savings & Loan scandal, "why [didn't] at least one... [blow] the whistle to stop the overreaching that took place in this case[?]" The Lincoln matter alone ensnared a number of the country's most prominent law firms," and many others have been blamed in comparable, if less notorious, banking delicts. Clark Clifford's indictment in the BCCI proceeding has extended the dark shadow even further …


The Nova Lawyer, Fall 1992, Volume 6, Number 3, Nova University - Shepard Broad Law Center Oct 1992

The Nova Lawyer, Fall 1992, Volume 6, Number 3, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.


Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman Oct 1992

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman

Law and Contemporary Problems

The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.