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Full-Text Articles in Law
Education Fraud At The Margins: Using The Federal False Claims Act To Curb Enrollment Abuses In Online, For-Profit K-12 Schools, Erin R. Chapman
Education Fraud At The Margins: Using The Federal False Claims Act To Curb Enrollment Abuses In Online, For-Profit K-12 Schools, Erin R. Chapman
Michigan Law Review
America’s online schools have some things to account for. In recent years, an increase in the number of for-profit K–12 schools has coincided with the rise of online education. Meanwhile, funding models that award money for each additional student incentivize for-profit schools to overenroll students in online programs that were once reserved for specialized subsets of students. Although, to date, reported incidents of enrollment fraud have been rare, there are many reasons to think that the problem has gone largely undetected. As education reformers on both sides of the political spectrum continue to push privatization and charter schools, figuring out …
Protecting Whistleblowing (And Not Just Whistleblowers), Evan J. Ballan
Protecting Whistleblowing (And Not Just Whistleblowers), Evan J. Ballan
Michigan Law Review
When the government contracts with private parties, the risk of fraud runs high. Fraud against the government hurts everyone: taxpayer money is wasted on inferior or nonexistent products and services, and the public bears the burdens attendant to those inadequate goods. To combat fraud, Congress has developed several statutory frameworks to encourage whistleblowers to come forward and report wrongdoing in exchange for a monetary reward. The federal False Claims Act allows whistleblowers to file an action in federal court on behalf of the United States, and to share in any recovery. Under the Dodd- Frank Act, the SEC Office of …
Allocation Of Loss Due To Fraudulent Wholesale Wire Transfers: Is There A Negligence Action Against A Beneficiary's Bank After Article 4a Of The Uniform Commercial Code?, Robert M. Lewis
Michigan Law Review
This Note argues that where a bank reasonably should have known of a fraud but still pays out a wire transfer to an unauthorized recipient, common law negligence should provide a basis for recovery despite the absence of an explicit Code provision imposing liability on the bank. Part I examines the UCC's language itself and analyzes possible cases, under 4A and under articles 3 and 4 by analogy, and discusses the applicability of these other parts of the UCC to wire transfers. Part II examines how extra-Code regulatory systems and the common law would determine wire transfer liability. Part II …
Heartbalm Statutes And Deceit Actions, Michigan Law Review
Heartbalm Statutes And Deceit Actions, Michigan Law Review
Michigan Law Review
This Note considers whether actions in deceit based on fraudulent marriage promises should be deemed barred by the heartbalm statutes. It determines that they should not. Part I examines the policies and arguments against the common law breach of promise to marry action that are embodied in the heartbalm statutes and looks at the limits courts have placed on the reach of the statutes. Part II re-examines the deceit action in light of the purposes of the heartbalm acts and their intended scope, as well as in light of criticism of the action by the courts and commentators. In particular, …
Private Causes Of Action Under Section 206 Of The Investment Advisers Act, Michigan Law Review
Private Causes Of Action Under Section 206 Of The Investment Advisers Act, Michigan Law Review
Michigan Law Review
This Note examines the propriety of implying a cause of action for damages under section 206. Upon concluding that such an implication is appropriate, it then suggests a scope for section 206 actions that implements the Act's underlying purposes.
Limitation Of Actions- Substantive And Remedial Statutes - Extension Of Statutory Period For Fraud, Max H. Bergman S.Ed.
Limitation Of Actions- Substantive And Remedial Statutes - Extension Of Statutory Period For Fraud, Max H. Bergman S.Ed.
Michigan Law Review
Plaintiff brought an action under the Federal Employers' Liability Act to recover damages from the defendant employer for an industrial disease allegedly contracted more than three years prior to bringing suit. Plaintiff alleged that defendant misrepresented the time within which this action could be brought and thereby tolled the three-year statute of limitations in the FELA. Held, defendant's motion to dismiss granted. The time limitation is an integral part of the statute creating a substantive right and is not extended by fraud or misrepresentation. Glus v. Brooklyn Eastern District Terminal, (S.D. N.Y. 1957) 154 F. Supp. 863.
Securities Legislation - Limitations Upon The Scope Of Rule X-10b-5, Cyril Moscow
Securities Legislation - Limitations Upon The Scope Of Rule X-10b-5, Cyril Moscow
Michigan Law Review
A syndicate attempted to acquire all of the outstanding stock in a bridge corporation pursuant to a plan to transfer the stock to a bridge commission and realize substantial returns. The price offered for the stock was well over the market price but the resale plan was not disclosed. After control of 80 percent of the stock was obtained, the syndicate's purchasing agents were installed as officers and directors. They continued to purchase the stock without revealing the plan and the anticipated profits. Upon the completion of the plan, former stockholders in the corporation brought a class action against the …
Securities Legislation - Fraud Of Corporation Officers As Violation Of Securities And Exchange Act Of 1934, Douglas Peck S.Ed.
Securities Legislation - Fraud Of Corporation Officers As Violation Of Securities And Exchange Act Of 1934, Douglas Peck S.Ed.
Michigan Law Review
The plaintiffs brought a stockholders' derivative suit in a federal district court, claiming that defendant directors had violated section 10 (b) of the Securities and Exchange Act of 1934 and rule X-10B-5 of the Securities and Exchange Commission. It was alleged that defendants who controlled as majority of the capital stock of the Algoma Coal and Coke Co., had purchased for the Algoma Company stock in two other corporations which they had formed and had manipulated the affairs of the Algoma Company so that business profits were diverted to those other corporations, thereby securing profits to themselves at the expense …
Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.
Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.
Michigan Law Review
A recent Michigan statute provides for the re-employment of former employees of the state or the subdivisions thereof who left their positions, voluntarily or involuntarily, for service in the armed forces of the United States and have been honorably discharged. No opinion as to the interpretation or effect of the statute has been rendered by the Michigan courts or by any official state agency, but an examination of the very similar federal statute, and the litigation which it has fostered, indicates that a number of problems may arise. An insight into some typical problems and their possible solutions may be …
The Securities Act Of 1933, Laylin K. James
The Securities Act Of 1933, Laylin K. James
Michigan Law Review
In 1907 a Pennsylvania superior court stated in one of its opinions that, "'there is no reason why a man should not be a fool.' As a corollary to that saying, it may be added that there is no reason why a court should protect a fool against the result of his folly. No new feature of rapacity in the buyer is apparent in this instance [ the purchase of property worth $ 5,000 prospectively for $ 500] to make him a worse offender against the law of fair dealing than an army of Shy locks who have preceded him. …
The Ohio "Blue Sky" Cases, Clarence D. Laylin
The Ohio "Blue Sky" Cases, Clarence D. Laylin
Michigan Law Review
The ancient notion that private fraud lies beyond the domain of public law did not long survive the statements of it that have been quoted.' Our legislation, expressing always the changing moral standards of the people, has directed the sanctions of the criminal law, step by step, ever against new forms of overreaching and imposition. Numerous illustrations might be cited to show the growing repugnance of the public mind toward frauds and cheats, and the tendency to recognize them as offenses invoking the restraint of public action as well as the redress of private injuries.