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When Is A Corporate Executive Substantially Unfit To Serve, Jayne W. Barnard Jun 1992

When Is A Corporate Executive Substantially Unfit To Serve, Jayne W. Barnard

North Carolina Law Review

No abstract provided.


Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips Jun 1992

Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips

Washington and Lee Law Review

No abstract provided.


Insurance Claims Fraud Problems And Remedies, Robert W. Emerson Mar 1992

Insurance Claims Fraud Problems And Remedies, Robert W. Emerson

University of Miami Law Review

No abstract provided.


The Liability Of Officers And Directors Under The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Jon Shepherd Mar 1992

The Liability Of Officers And Directors Under The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Jon Shepherd

Michigan Law Review

This Note argues that FIRREA's gross negligence standard implements a minimum federal requirement that preempts state law only to the extent state law provides a more relaxed criterion. Part I examines the plain meaning of the statute and concludes that FIRREA preempts state law only to the extent the state law standard of care is lower than gross negligence. Part II scrutinizes FIRREA's legislative history and demonstrates that Congress did not intend to prevent states from imposing more stringent standards of liability. Part III analyzes the policies behind FIRREA and argues that the statute's purposes are best served by allowing …


The New World Order And The Need For An International Criminal Court, William N. Gianaris Jan 1992

The New World Order And The Need For An International Criminal Court, William N. Gianaris

Fordham International Law Journal

This Article contends that the current status of international law enforcement is inadequate to address the newly emergent problems of international crime and that new measures are needed. Part I briefly reviews the historical background of international cooperation in the field of law enforcement, including past attempts to form an international criminal court. Part II describes and analyzes the current status of international law enforcement, including the most recent and extensive attempt to increase the level of cooperation in the field of international drug trafficking, the 1988 U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Part III …


The Second Banking Directive: Conflicts, Choices, And Long-Term Goals, Barbara C. Matthews Jan 1992

The Second Banking Directive: Conflicts, Choices, And Long-Term Goals, Barbara C. Matthews

Duke Journal of Comparative & International Law

No abstract provided.


Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer Jan 1992

Putting The Super Back In The Supervision Of International Banking, Post-Bcci, Daniel M. Laifer

Fordham Law Review

No abstract provided.


When Is A Corporate Executive "Substantially Unfit To Serve"?, Jayne W. Barnard Jan 1992

When Is A Corporate Executive "Substantially Unfit To Serve"?, Jayne W. Barnard

Faculty Publications

The recently enacted Securities Enforcement Remedies and Penny Stock Reform Act of 1990 provides that, in an SEC enforcement action, a federal court may enjoin or "disbar" the defendant from serving in the future as an officer or director of a public company. A court may enter such an order if it finds that the defendant is "substantially unfit" to serve as a corporate executive; the Act, however, does not define "substantial unfitness." In this Article Professor Jayne Barnard provides a framework for defining this term and identifying the defendants to which the Remedies Act should apply. Professor Barnard begins …


Dedication To Attorney General Richard H. Thornburgh, George H. W. Bush Aug 1991

Dedication To Attorney General Richard H. Thornburgh, George H. W. Bush

Seton Hall Constitutional Law Journal

No abstract provided.


Recent Amendments To The Bankruptcy Code--A Politically Motivated Less Fresh Start, Brian C. Fries Jun 1991

Recent Amendments To The Bankruptcy Code--A Politically Motivated Less Fresh Start, Brian C. Fries

Missouri Law Review

No abstract provided.


Asset-Backed Securities: Secondary Market Implications Of Sec Rule 144a And Regulation S, Jeffrey B. Tevis Jan 1991

Asset-Backed Securities: Secondary Market Implications Of Sec Rule 144a And Regulation S, Jeffrey B. Tevis

McGeorge Law Review

No abstract provided.


Enforcement Of Securities Laws Violations In The United Kingdom, James J. Fishman Jan 1991

Enforcement Of Securities Laws Violations In The United Kingdom, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This article examines the weaknesses of the present system of enforcement and suggests changes to make it more effective. The article is divided into three parts: an analysis of the enforcement provisions of the Financial Services Act, the prosecution of securities offenses since its implementation, and the viability of self-regulatory enforcement.


Home Savings And Loan, A Utah Corporation V. The Aetna Casualty And Surety Company : Petition For Writ Of Certiorari, Utah Supreme Court Jan 1991

Home Savings And Loan, A Utah Corporation V. The Aetna Casualty And Surety Company : Petition For Writ Of Certiorari, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

On Appeal from the Opinion of the Utah Court of Appeals Dated August 6, 1991


Litigation, C. Oshiro Oct 1990

Litigation, C. Oshiro

California Regulatory Law Reporter

No abstract provided.


An Assessment Of The Sec's Alternatives For Obtaining Evidence Of Illicit Foreign-Originated Trading: The Key Is Diplomacy , R. Brian Rivera-Uncapher Apr 1990

An Assessment Of The Sec's Alternatives For Obtaining Evidence Of Illicit Foreign-Originated Trading: The Key Is Diplomacy , R. Brian Rivera-Uncapher

University of Miami Business Law Review

No abstract provided.


Rico: Something For Everyone, Anne B. Poulin Jan 1990

Rico: Something For Everyone, Anne B. Poulin

Villanova Law Review (1956 - )

No abstract provided.


State Takeover Laws, Insider Trading, And The Interplay Between The Two: A New Perspective, Christopher J. Bebel, Kenneth C. Vert Jun 1989

State Takeover Laws, Insider Trading, And The Interplay Between The Two: A New Perspective, Christopher J. Bebel, Kenneth C. Vert

West Virginia Law Review

No abstract provided.


Media Malpractice: The Legal Risks Of Voluntary Social Responsibility In Mass Communication, Robert E. Dreschel Jan 1989

Media Malpractice: The Legal Risks Of Voluntary Social Responsibility In Mass Communication, Robert E. Dreschel

Duquesne Law Review

Critics of social responsibility theory have worried that in the process of establishing voluntary standards for responsible behavior, mass communicators may provide a convenient yardstick against which to define and measure legal claims of "media malpractice." Examination of legal actions against mass communicators suggests that social responsibility does carry legal risks. Although courts have been relatively unsympathetic to efforts to establish new legal duties, professional standards have become highly relevant to determination of media negligence.


Criminal Law - Mail Fraud - Statutory Interpretation - Scope, William J. Hathaway Jan 1988

Criminal Law - Mail Fraud - Statutory Interpretation - Scope, William J. Hathaway

Duquesne Law Review

The United States Supreme Court has held that the coverage of the mail fraud statute, 18 U.S.C. § 1341, is limited to the prosecution of fraudulent schemes utilizing the mails that lead to the deprivation of monetary and property interests, while the deprivation of intangible rights, such as the right to honest and impartial government, is not included within the scope of the mail fraud statute.

McNally v. United States, 107 S. Ct. 2875 (1987).


Cenco, Inc. V. Seidman & Seidman: A Futile Attempt To Deter Management Fraud, Cathy A. Gay Feb 1984

Cenco, Inc. V. Seidman & Seidman: A Futile Attempt To Deter Management Fraud, Cathy A. Gay

Duke Law Journal

No abstract provided.


Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee Jan 1984

Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee

UC Law SF Communications and Entertainment Journal

In recent years the increase in both computer literacy and the availability of computer terminals has led to an increase in computer crime. This note examines the state and federal criminal statutes designed to punish computer crimes, and asserts that these statutes are inadequate to deal with the problem of juvenile "hacking." In order to deter teenage "hacking" and better compensate its victims, the author proposes imposing civil liability on juveniles or their parents as an effective and realistic alternative to criminal prosecution of these juveniles.


Role Of The Prosecutor Inside The Grand Jury Room: Where Is The Foul Line, Peter F. Vaira Jan 1984

Role Of The Prosecutor Inside The Grand Jury Room: Where Is The Foul Line, Peter F. Vaira

Journal of Criminal Law and Criminology

No abstract provided.


The Role Of The Board Of Directors: The Ali And Its Critics, Victor Brudney Jan 1983

The Role Of The Board Of Directors: The Ali And Its Critics, Victor Brudney

University of Miami Law Review

No abstract provided.


The Federal Mail Fraud Statute (Part I), Jed S. Rakoff Jan 1980

The Federal Mail Fraud Statute (Part I), Jed S. Rakoff

Duquesne Law Review

No abstract provided.


A Survey Of Computer Crime Studies, 2 Computer L.J. 275 (1980), John K. Taber Jan 1980

A Survey Of Computer Crime Studies, 2 Computer L.J. 275 (1980), John K. Taber

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Computer Abuse Research Update, 2 Computer L.J. 329 (1980), Donn B. Parker Jan 1980

Computer Abuse Research Update, 2 Computer L.J. 329 (1980), Donn B. Parker

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Investigation, Prosecution, And Prevention Of Computer Crime: A State-Of-The-Art Review, 2 Computer L.J. 385 (1980), Mary R. Volgyes Jan 1980

The Investigation, Prosecution, And Prevention Of Computer Crime: A State-Of-The-Art Review, 2 Computer L.J. 385 (1980), Mary R. Volgyes

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger Jan 1980

Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger

Fordham Law Review

No abstract provided.


Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger Jan 1980

Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger

Fordham Law Review

No abstract provided.


Health Care Regulation: Dilemma Of A Partially Developed Public Policy, Kenneth R. Wing, Burton Craige Aug 1979

Health Care Regulation: Dilemma Of A Partially Developed Public Policy, Kenneth R. Wing, Burton Craige

North Carolina Law Review

No abstract provided.