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Full-Text Articles in Law
Antitrust Improvements Act Of 1976, Parens Patriae Act: Paper Tiger Or Sleeping Giant, Patricia J. O'Donnell-Gaynor
Antitrust Improvements Act Of 1976, Parens Patriae Act: Paper Tiger Or Sleeping Giant, Patricia J. O'Donnell-Gaynor
Cleveland State Law Review
The Parens Patriae Act has been in effect for several years. Although there has been relatively little time in which to test the full measure of its effectiveness, it has gradually become apparent that much of the Act's promise remains unfulfilled. Recent federal court decisions, when coupled with the problems of funding which are being encountered by many state attorneys general, might be endangering the Act's continuing vitality and undercutting the legislature's intent in enacting the measure. This Note will discuss some of the major issues which are emerging under the Act and will attempt to separate the promise from …
Contract Market Self-Regulation Under The Commodity Exchange Act, Marshall J. Nachbar
Contract Market Self-Regulation Under The Commodity Exchange Act, Marshall J. Nachbar
Cleveland State Law Review
On May 3, 1982, the Supreme Court decided Curran v. Merrill Lynch, Pierce, Fenner & Smith, Inc. The Court answered the question o fwhether there was a private right of action for violations of the Commodity Exchange Act by holding that there was an implied right of action. In Curran, the CFTC had argued that a private right of action strengthens the enforcement and regulatory mechanisms already in place. The Court apparently found this to be a persuasive argument. Whether a private right of action will have the desired effect remains to be seen.