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- Antifraud provision (1)
- Arnett v. Kennedy (1)
- Board of Regents v. Roth (1)
- Damages (1)
- Due Process Clause (1)
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- Employment termination (1)
- Equitable relief (1)
- Fifth Amendment (1)
- Fourteenth Amendment (1)
- Goldberg v. Kelly (1)
- Government benefits (1)
- New property (1)
- Perry v. Sindermann (1)
- Private cause of action (1)
- Procedural due process (1)
- Property (1)
- Rule 10b-5 (1)
- Rulemaking (1)
- Scienter (1)
- Section 14(e) of the Securities and Exchange Act of 1934 (1)
- Securities law (1)
- Social welfare (1)
- Tender offers (1)
- U.S. Constitution (1)
- Williams Act (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Publications
No abstract provided.
Section 14(E) Of The Williams Act And The Rule 10b-5 Comparisons, Mark J. Loewenstein
Section 14(E) Of The Williams Act And The Rule 10b-5 Comparisons, Mark J. Loewenstein
Publications
The passage of the Williams Act in 1968 added a set of provisions to the Securities Exchange Act of 1934 to govern tender offers. In this article, Professor Loewenstein examines the antifraud provision of the Williams Act, codified as section 14(e) of the Securities Exchange Act of 1934, and the development of decisional law under it. After discussing the propriety of inferring a private cause of action from section 14(e), Professor Loewenstein argues that the judiciary's reliance on rule 10b-5 precedents to set the bounds of the 14(e) cause of action is unwarranted. He concludes: 1) that scienter should not …