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Full-Text Articles in Law
Justice Brennan: Legacy Of A Champion, Dawn E. Johnsen
Justice Brennan: Legacy Of A Champion, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Can The Rule Of Law Survive Judicial Politics?, Charles G. Geyh
Can The Rule Of Law Survive Judicial Politics?, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla
(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla
Articles by Maurer Faculty
This article examines the element of scienter (fraudulent intent) in claims of federal securities fraud under Section 10(b) of the Exchange Act and, more specifically, the U.S. Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007) from a social psychological perspective. The field of social psychology has documented a pervasive phenomena, the Fundamental Attribution Error, the failure of decision makers to consider situational explanations, including the force of environments and social and situational norms on human conduct. In light of robust social psychological research on the Fundamental Attribution Error, legal concepts such as …