Digital Commons Network^™

Improper Deportation Of Legal Permanent Residents: The U.S. Government’S Mischaracterization Of The Supreme Court’S Decision In Nijhawan V. Holder, Michael R. Devitt

San Diego International Law Journal

The purpose of this Article is to draw attention to the government’s misinterpretation of the central holding in Nijhawan v. Holder and how it has led to the improper dilution of evidentiary standards in removal proceedings when determining the $10,000 threshold loss requirement under section 101(a)(43)(M)(i) of the INA [hereinafter “M(i)”]. Section II of this article provides a brief doctrinal overview and summary of my proposed procedural methodology; sections III and IV provide essential background information regarding the Supreme Court’s important pre-Nijhawan opinions and the inconsistent methods circuit courts have applied when calculating the monetary threshold under the fraud or …

Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship

Florida Law Review

The Fair Fund provision of Sarbanes-Oxley allows the SEC to distribute money penalties to injured investors, heralding a new compensatory role for the agency. The SEC has announced that it will direct money to injured investors whenever possible, but has not articulated clear priorities. This Article fills the gap by introducing terms of debate and proposing a framework for the SEC’s exercise of its discretion.

The Article introduces the concept of “public class counsel,” a public actor that has the dual function of deterrence and victim compensation. The concept describes—and suggests limits to—the SEC’s role in a system in which …

The Supreme Court's Theory Of The Fund, William Birdthistle

All Faculty Scholarship

Just as the firm has long served as the foundational molecule of the U.S. capitalist economy, theories of the firm have for more than a century dominated legal and economic discourse. Ever since Ronald Coase published The Nature of the Firm in 1937 and asked why firms should exist in an efficient market, classicists and neoclassicists have competed to develop theories — predominantly managerialist and contractual — that best explain the structure and behavior of business organizations.

The investment fund, by contrast, has languished at the margins of corporate theory, relegated as simply a minor, if somewhat curious, example of …

The Evf Model: A Novel Framework For Understanding Gambling And, By Extension, Poker, Arthur S. Reber

UNLV Gaming Research & Review Journal

There are several senses in which the term gambling is used. All have liabilities, problems that have muddied the waters in scientific research, generated conflicting legal decisions, compromised debates over ethical and moral issues, and have led to uneven legislation. Here, a novel framework for the term is offered, based on two continuous variables: a) the Expected Value (EV) of any arbitrary game and, b) the inherent Flexibility (F) of that game. This EVF model produces a classification system for all the enterprises that can or have been called gambling. It is one that allows for more measured decisions to …

Closing Pandora's Box: Proposing A Statutory Solution To The Supreme Court's Failure To Adequately Protect Property, Ryan Merriman

BYU Law Review

No abstract provided.

The Law Of Ponzi Payouts, Spencer A. Winters

Michigan Law Review

When a Ponzi scheme collapses, there will typically be net winners and net losers. The bankruptcy trustee will often seek to force the net winners - those who received more money back from the Ponzi scheme than they invested - to disgorge their profits. Courts diverge on whether they should compel disgorgement in this instance. This Note argues that under prevailing fraudulent transfer law, net winners in a Ponzi scheme need not disgorge their profits. This is because the investor's dollar-for-dollar discharge of a preexisting debt constitutes the transfer of value in exchange for the payout. There are two exceptions …

Vol. 43, No. 04 (September 17, 2012)

Indiana Law Annotated

No abstract provided.

Controlling Shareholders In Concentrated Ownership Structures In Singapore, Wai Yee Wan

Research Collection Yong Pung How School Of Law

The talk outlines the corporate governance challenges in respect of listed companies in Singapore that have concentrated shareholdings.

Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman

Marquette Elder's Advisor

Hoffman discusses how criminal and civil action by way of state criminal statutes and the False Claims Act should be utilized against institutions that receive governmental funding to motivate them to provide residents with adequate services. The article outlines how elder care institutions can provide effective care for their residents through appropriate employment screening and on-boarding, reporting and monitoring and thorough investigative procedures

The Global Crackdown On Insider Trading: A Silver Lining To The "Great Reccession", Christopher P. Montagano

Indiana Journal of Global Legal Studies

The wake of the Great Recession marked a period of increased enforcement of insider trading violations by nation-states and self-regulatory organizations overseeing stock markets around the world. Before discussing the heightened global enforcement of insider trading, this Note explains the development of insider trading regulation by focusing on U.S., EU, and China law. This Note argues that the heightened global enforcement of insider trading violations in the wake of the Great Recession is a sign of a shared perception by market regulators around the world that there is a need to restore market confidence. Strong enforcement of insider trading regulations …

The Extraterritorial Application Of U.S. Securities Fraud Prohibitions In An Increasingly Global Transactional World, Joan Macleod Heminway

Scholarly Works

This draft working paper, prepared for a French academic forum entitled “American Law Today: Identity, Mutations, and Debate,” is a brief essay on the current and potential future extraterritorial reach of Section 10(b) of the Securities Exchange Act of 1934, as amended, and Rule 10b-5 adopted by the U.S. Securities and Exchange Commission under Section 10(b). The essay does three principal things. First, it summarizes the key antifraud rules in context. Next, it describes (in brief) the history and current state of the academic and political debate on the extraterritoriality of Section 10(b) and Rule 10b-5 (including commentary on the …

Using Second Circuit Precedent To Fundamentally Change Mutlinational Corporations' Global Foreign Corrupt Practices Act Internal Investigations, Travis Robert-Ritter

Brigham Young University International Law & Management Review

No abstract provided.

A Business Lawyer's Bibliography: Books Every Dealmaker Should Read, Robert C. Illig

Journal of Legal Education

No abstract provided.

Conflicting Currents: The Obligation To Maintain Inviolate Client Confidences And The New Sec Attorney Conduct Rules, Keith Paul Bishop, James F. Fotenos, Steven K. Hazen, James R. Walther, Nancy H. Wojtas

Pepperdine Law Review

No abstract provided.

Mutiny By The Bounties? The Attempt To Reform Wall Street By The New Whistleblower Provisions Of The Dodd-Frank Act, Geoffrey Christopher Rapp

BYU Law Review

No abstract provided.

The Judicial Access Barriers To Remedies For Securities Fraud, Michael J. Kaufman, John M. Wunderlich

Law and Contemporary Problems

No abstract provided.

Dodd-Frank And Basel Iii’S Skin In The Game Divergence And Why It Is Good For The International Banking System , Eric Thompson

Global Business Law Review

The recent financial collapse has illuminated many problems with the global financial system. One of these problems was that the financial system developed in a way that allowed banks to profit by simply making more loans instead of quality loans. After the financial collapse, regulators scrambled to enact new legislation to better manage the financial system and avoid the problems that caused the collapse. One way in which regulators attempted to improve the system was to remove the ability of banks to generate limitless loans in which the banks had no stake. Two such pieces of regulation, the Dodd-Frank Wall …

The Need For Federal Solutions To Interstate And International Ethics Conflicts: A Case Study In Confidentiality, Jonathan M. Weiss

Journal of International Business and Law

Because of the lack of uniformity in the ethics rules of different states and countries, lawyers involved in interstate or international representations often face uncertainty regarding with which state's or country's ethics rules to comply. For example, California's confidentiality rule is extremely broad, only permitting disclosure in rare situations, while New Jersey's contains numerous exceptions. A lawyer involved in a transcontinental transaction may thus face an ethical quandary when deciding whether to disclose confidential information due to the competing obligations imposed by the states involved. Despite decades of debate regarding this subject, the uncertainty for lawyers remains, and the resulting …

Huch V. Charter Communications, Inc.: Consumer Prey, Corporate Predators, And A Call For The Death Of The Voluntary Payment Doctrine Defense, John E. Campbell, Oliver Beatty

Valparaiso University Law Review

No abstract provided.

Corporate Criminal Liability: Lessons From The Rothstein Debacle , Caitlin F. Saladrigas

University of Miami Law Review

No abstract provided.

The Arbitrage Of Truth: Combating Dissembling Disclosure, Derivatives, And The Ethic Of Technical Compliance, William H. Widen

University of Miami Law Review

No abstract provided.

Another Madoff Masquerade?: Questioning “Securities Fraud” In The Crime And Its Cleanup, J. Scott Colesanti

Saint Louis University Law Journal

No abstract provided.

Hon. Ellsworth A. Van Graafeiland, Charles K. Whitehead

Cornell Law Review

No abstract provided.

The End Of The Internal Compliance World As We Know It, Or An Enhancement Of The Effectiveness Of Securities Law Enforcement? Bounty Hunting Under The Dodd-Frank Act's Whistleblower Provision, Justin Blount, Spencer Markel

Fordham Journal of Corporate & Financial Law

In the wake of Bernard Madoff’s $65 billion Ponzi scheme and the recent economic crisis stemming largely from loosely regulated subprime lending and mortgage-backed securities, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act on July 21, 2010, signaling loudly and clearly that change is coming to Wall Street. But Wall Street is not the only one receiving a message. Buried deep within the 2,319 pages of the Dodd-Frank Act, companies can find Section 922, the whistleblower provision, which provides a bounty for whistleblowers who report securities violations to the Securities and Exchange Commission.These bounty provisions and …

The Judicial Access Barriers To Remedies For Securities Fraud., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott

Washington and Lee Law Review

No abstract provided.

Shareholder Litigation After The Meltdown, Daniel J. Morrissey

West Virginia Law Review

No abstract provided.

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

Vanderbilt Journal of Transnational Law

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 …

Piercing The Veil Of Secrecy: Securing Effective Exchange Of Information To Remedy The Harmful Effects Of Tax Havens, Hedda Leikvang

Vanderbilt Journal of Transnational Law

The enforcement of tax laws abroad has long posed problems for authorities. However, that enforcement becomes increasingly more problematic when the information necessary for proper enforcement is located within an impenetrable system whose sole purpose is to protect that information from tax authorities in other countries. Although much effort has been expended to remedy the harmful effects of tax havens, few strategies have succeeded. But with the prospects of a record federal deficit and an ever-increasing tax gap, U.S. authorities have begun to look for new ways to strengthen the enforcement of U.S. tax laws abroad. The most prominent of …

The Department Of Justice Chases Mice While Lions Roam The Campsite: Why The Department Has Failed To Prosecute The Elite Frauds That Drove The Financial Crisis, William K. Black

Faculty Works

No abstract provided.