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Comment, Rationalizing Liability For Nondisclosure Under 10b-5: Equal Access To Information And United States V. Chiarella,, Juliet P. Kostritsky Jan 1980

Comment, Rationalizing Liability For Nondisclosure Under 10b-5: Equal Access To Information And United States V. Chiarella,, Juliet P. Kostritsky

Faculty Publications

Chiarella provided the Second Circuit with an opportunity to resolve an important issue on which there previously had been no square holding: whether a person who is not an insider and has no inside knowledge about the company whose securities he is trading nevertheless has a duty to disclose nonpublic material information in his possession about impending stock market events. The court viewed such a person as a "market insider"'" and found a duty to disclose. To evaluate the propriety of imposing liability in this situation, this comment will first trace the development and expansion of liability for nondisclosure under …


Note, United States V. Progressive, Inc.: The Faustian Bargain And The First Amendment, Jonathan L. Entin Jan 1980

Note, United States V. Progressive, Inc.: The Faustian Bargain And The First Amendment, Jonathan L. Entin

Faculty Publications

Note discussing United States v. Progressive, Inc.


Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart Jan 1980

Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart

Faculty Publications

My theme throughout is this: Although the Supreme Court's sometimes timid review of state regulatory legislation may be explained by its continued allergic reaction to economic due process review, that timidity is often unwarranted because the Constitution does embody several principles that protect the free market from some forms of state intervention.


The New Iowa Criminal Code, Kermit L. Dunahoo Jan 1980

The New Iowa Criminal Code, Kermit L. Dunahoo

Faculty Publications

No abstract provided.


Sex Discrimination In Coaching, R. Lawrence Dessem Jan 1980

Sex Discrimination In Coaching, R. Lawrence Dessem

Faculty Publications

This article will attempt to provide a legal framework for analysis of this not uncommon payment of lower salaries or stipends to the teacher-coaches (both male and female) of girls' athletics than to the teacher-coaches of comparable or identical boys' sports.


Herbert Hoover And Racial Politics: The Depriest Incident, David Day Jan 1980

Herbert Hoover And Racial Politics: The Depriest Incident, David Day

Faculty Publications

No abstract provided.


International Law And The American Hostages In Iran, Walter L. Williams Jr. Jan 1980

International Law And The American Hostages In Iran, Walter L. Williams Jr.

Faculty Publications

No abstract provided.


Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman Jan 1980

Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman

Faculty Publications

No abstract provided.


Compensatory Contempt To Collect Money, Doug R. Rendleman Jan 1980

Compensatory Contempt To Collect Money, Doug R. Rendleman

Faculty Publications

No abstract provided.


The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman Jan 1980

The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman

Faculty Publications

No abstract provided.


Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan Jan 1980

Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan

Faculty Publications

No abstract provided.


The Local Service Concept In Broadcasting: An Evaluation And Recommendation For Change, Tom A. Collins Jan 1980

The Local Service Concept In Broadcasting: An Evaluation And Recommendation For Change, Tom A. Collins

Faculty Publications

No abstract provided.


Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces Jan 1980

Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces

Faculty Publications

No abstract provided.


Is The Reasonable Man Obsolete?: A Critical Perspective On Self-Defense And Provocation, Stephanie M. Wildman, Dolores A. Donovan Jan 1980

Is The Reasonable Man Obsolete?: A Critical Perspective On Self-Defense And Provocation, Stephanie M. Wildman, Dolores A. Donovan

Faculty Publications

No abstract provided.


Intraband Territorial Allocations And The Per Se Rule, Donald J. Polden, Richard M. Calkins Jan 1980

Intraband Territorial Allocations And The Per Se Rule, Donald J. Polden, Richard M. Calkins

Faculty Publications

No abstract provided.


The Psychiatrist, The Sociopath And The Courts: New Lines For An Old Battle, Gerald F. Uelmen Jan 1980

The Psychiatrist, The Sociopath And The Courts: New Lines For An Old Battle, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Scientific Evidence - Part I, Paul C. Giannelli Jan 1980

Scientific Evidence - Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Ohio Rules Of Evidence: Part I, Paul C. Giannelli Jan 1980

The Ohio Rules Of Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Alternative Minimum Tax: Proving Again That Two Wrongs Do Not Make A Right, Glenn E. Coven Jan 1980

The Alternative Minimum Tax: Proving Again That Two Wrongs Do Not Make A Right, Glenn E. Coven

Faculty Publications

No abstract provided.


Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg Jan 1980

Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg

Faculty Publications

Endangered species protection has long been favored by many Americans, who watched regretfully as the numbers of American eagles, buffaloes and other species dwindled toward extinction. Only recently, however, has species protection become a matter of public controversy, subsumed in the more general "development v. environment" debate. In this Article, Professor Rosenberg surveys the federal government's role in species protection, with a special focus on the Endangered Species Act of 1973. Prompted by the much-publicized Supreme Court decision in the "snail darter case"--TVA v. Hill-Congress extensively amended the Act in 1978. After a detailed analysis of these amendments, Professor Rosenberg …


Village Of Schaumberg V. Citizens For A Better Environment And Religious Solicitation: Freedom Of Speech And Freedom Or Religion Converge, William P. Marshall Jan 1980

Village Of Schaumberg V. Citizens For A Better Environment And Religious Solicitation: Freedom Of Speech And Freedom Or Religion Converge, William P. Marshall

Faculty Publications

No abstract provided.


Corporate Mismanagement And The Securities Act's Antifraud Provisions: A Familiar Path With Some New Detours, Thomas Lee Hazen Jan 1980

Corporate Mismanagement And The Securities Act's Antifraud Provisions: A Familiar Path With Some New Detours, Thomas Lee Hazen

Faculty Publications

No abstract provided.


The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler Oct 1979

The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler

Faculty Publications

No abstract provided.


Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson Oct 1979

Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson

Faculty Publications

No abstract provided.


Book Review Of Administrative Law Treatise, Charles H. Koch Jr. Sep 1979

Book Review Of Administrative Law Treatise, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Role Of Misuse In Products Liability Litigation, David A. Fischer Jul 1979

Role Of Misuse In Products Liability Litigation, David A. Fischer

Faculty Publications

Misuse is puzzling. Sometimes it cuts off liability and sometimes it does not, but courts have failed to clarify exactly what sort of conduct qualifies as the type of misuse that bars recovery. Generally speaking misuse takes two forms, abnormal use and mishandling. Abnormal use comes about when a product is used for an improper purpose; mishandling comes about when a product is used for a proper purpose but in an improper manner. Under this definition defendants can claim that virtually any unusual handling or use of a product constitutes misuse. Yet courts will not always accept this characterization. They …


Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne Jul 1979

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Publications

No abstract provided.


Response: Pornography And The First Amendment, Frederick Schauer Jul 1979

Response: Pornography And The First Amendment, Frederick Schauer

Faculty Publications

No abstract provided.


Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer Jul 1979

Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer

Faculty Publications

No abstract provided.


Adoption: A Plea For Realistic Constitutional Decisionmaking, Larry I. Palmer Apr 1979

Adoption: A Plea For Realistic Constitutional Decisionmaking, Larry I. Palmer

Faculty Publications

No abstract provided.