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Full-Text Articles in Law

Nipped In The Bud: How Legal Disparities Create Financial Growth Hurdles In The State-Sanctioned Marijuana Industry And Why Bankruptcy Courts Can Provide A Remedy, Caitlyn Cullen Nov 2019

Nipped In The Bud: How Legal Disparities Create Financial Growth Hurdles In The State-Sanctioned Marijuana Industry And Why Bankruptcy Courts Can Provide A Remedy, Caitlyn Cullen

University of Miami Law Review

A new marijuana industry has emerged in the United States in the wake of state-by-state legalization of marijuana, and entrepreneurs, investors, and other advisory services are increasingly viewing the marijuana industry as an area of legitimate business opportunity. However, potential investors have been hesitant to establish formal relationships with marijuana businesses that operate legitimately in the eyes of the state but in a cloud of legal uncertainty at the federal level because the Controlled Substances Act criminalizes marijuana. This Note identifies two economic consequences of the conflicts of state and federal law and suggests a temporary solution that would allow …


Application Of The Federal Mail And Wire Fraud Statutes To Criminal Liability For Stock Market Insider Trading And Tipping, William K.S. Wang Oct 2015

Application Of The Federal Mail And Wire Fraud Statutes To Criminal Liability For Stock Market Insider Trading And Tipping, William K.S. Wang

University of Miami Law Review

SEC Rule 10b-5 covers a great deal of stock market insider trading and tipping, but certainly not all. For insider trading defendants, some elements of criminal liability may be different and possibly easier to satisfy under mail/wire fraud than under SEC Rule 10b-5 (e.g., materiality, and the requirements for tipper and tippee liability recently tightened for Rule 10b-5 by the Second Circuit). Generally, courts have not addressed these possible differences.

With insider trading and tipping, the victim of mail/wire fraud could be either the information-owner or the party on the other side of the transaction. The courts have not examined …


Revised Articles 3 And 4 Of The Uniform Commercial Code: A Friendly Critique, Daniel E. Murray Nov 1992

Revised Articles 3 And 4 Of The Uniform Commercial Code: A Friendly Critique, Daniel E. Murray

University of Miami Law Review

No abstract provided.


Life In The Boardroom After Firrea: A Revisionist Approach To Corporate Governance In Insured Depository Institutions, Mark David Wallace May 1992

Life In The Boardroom After Firrea: A Revisionist Approach To Corporate Governance In Insured Depository Institutions, Mark David Wallace

University of Miami Law Review

No abstract provided.


Extraterritorial Jurisdiction And International Banking: A Conflict Of Interests, Silvia B. Piñera-Vazquez Nov 1988

Extraterritorial Jurisdiction And International Banking: A Conflict Of Interests, Silvia B. Piñera-Vazquez

University of Miami Law Review

No abstract provided.


Fdic V. Philadelphia Gear: A Standby Letter Of Credit Backed By A Contingent Promissory Note Is Not A Deposit-The Supreme Court Changes Gear, Brett Paul, Andrew Peretz Dec 1986

Fdic V. Philadelphia Gear: A Standby Letter Of Credit Backed By A Contingent Promissory Note Is Not A Deposit-The Supreme Court Changes Gear, Brett Paul, Andrew Peretz

University of Miami Law Review

No abstract provided.