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Articles 1 - 6 of 6
Full-Text Articles in Law
Reconceptualizing Human Rights To Challenge Tobacco, Rangita De Silva De Alwis, Richard Daynard
Reconceptualizing Human Rights To Challenge Tobacco, Rangita De Silva De Alwis, Richard Daynard
Faculty Scholarship at Penn Carey Law
No abstract provided.
Law, Society, And Medical Malpractice Litigation In Japan, Eric Feldman
Law, Society, And Medical Malpractice Litigation In Japan, Eric Feldman
Faculty Scholarship at Penn Carey Law
No abstract provided.
Power, Protocol And Practicality: Communications From The District Court During An Appeal, Catherine T. Struve
Power, Protocol And Practicality: Communications From The District Court During An Appeal, Catherine T. Struve
Faculty Scholarship at Penn Carey Law
No abstract provided.
Cause For Concern: Causation And Federal Securities Fraud, Jill E. Fisch
Cause For Concern: Causation And Federal Securities Fraud, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
The Supreme Court’s decision in Dura Pharmaceuticals dramatically changed federal securities fraud litigation. The Dura decision itself said little, but counseled lower courts to fashion new requirements of causation and harm modeled upon common law tort principles. These instructions have led lower courts to craft a series of confusing and inconsistent decisions that incorporate little of the reasoning upon which the common law principles are based. This Article accepts the Dura challenge and examines both common law causation principles and their applicability to federal securities fraud. In so doing, the Article identifies the failure of the federal courts properly to …
Pleading And The Dilemmas Of “General Rules”, Stephen B. Burbank
Pleading And The Dilemmas Of “General Rules”, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
This article comments on Professor Geoffrey Miller’s article about pleading under Tellabs and goes on (1) to use Tellabs, Bell Atlantic Corp. v Twombly, and Iqbal v. Hasty (in which the Court has granted review) to illustrate the limits of, and costs created by, certain foundational assumptions and operating principles that are associated with the Rules Enabling Act’s requirement of “general rules,” and (2) more generally, to illustrate the costs of the complex procedural system that we have created. Thus, for instance, the argument that the standards emerging from Twombly should be confined to antitrust conspiracy cases confronts the foundational …
How The Merits Matter: Directors' And Officers' Insurance And Securities Settlements, Tom Baker, Sean J. Griffith
How The Merits Matter: Directors' And Officers' Insurance And Securities Settlements, Tom Baker, Sean J. Griffith
Faculty Scholarship at Penn Carey Law
This Article seeks what may be the holy grail of securities law scholarship—the role of the “merits” in securities class actions—by investigating the relationship between settlements and directors’ and officers’ (D&O) liability insurance. Drawing upon in-depth interviews with plaintiffs’ and defense lawyers, D&O insurance claims managers, monitoring counsel, brokers, mediators, and testifying experts, we elucidate the key factors influencing settlement and examine the relationship between these factors and notions of merit in civil litigation. We find that, although securities settlements are influenced by some factors that are arguably merit related, such as the “sex appeal” of a claim’s liability elements, …