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Duke Law

1992

Securities regulations

Articles 1 - 10 of 10

Full-Text Articles in Law

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman Oct 1992

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman

Law and Contemporary Problems

The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.


Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser Oct 1992

Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser

Law and Contemporary Problems

One aspect of the EC's proposed Investment Services Directive (ISD) is examined: the potential impact of the ISD on the automation of the European securities markets.


Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison Oct 1992

Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison

Law and Contemporary Problems

A study examines, from the perspective of two practitioners, current trends in the global regulation of insider trading.


The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs Oct 1992

The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs

Law and Contemporary Problems

In the 1980s and early 1990s, securities regulators have made substantial progress in developing cooperative relationships to reduce the value of international borders as barriers to the detection and prosecution of securities fraud, but there needs to be an establishment of international mechanisms for enforcing provisional orders and final judgments. The development of mechanisms pursuant to which regulators can assist each other in freezing assets and recovering illicit profits is discussed.


Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen Oct 1992

Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen

Law and Contemporary Problems

The EC made a bold move towards defining precisely what conduct constitutes improper trading on nonpublic information with its Insider Trading Directive. The differences between the EC and US laws on insider trading are examined.


Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox Oct 1992

Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox

Law and Contemporary Problems

As the market for securities becomes increasingly global, the question of whose rules should apply to any particular transaction will arise with increasing frequency. The issue is examined.


Looks Can Be Deceiving—A Comparison Of Initial Public Offering Procedures Under Japanese And U.S. Securities Laws, Alan L. Beller, Tsunemasa Terai, Richard M. Levine Oct 1992

Looks Can Be Deceiving—A Comparison Of Initial Public Offering Procedures Under Japanese And U.S. Securities Laws, Alan L. Beller, Tsunemasa Terai, Richard M. Levine

Law and Contemporary Problems

In order to examine the divergent administration of statutes that are by their terms similar, the initial public offering procedures that a non-sovereign domestic issuer follows in the US and Japan are described.


Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox Oct 1992

Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox

Law and Contemporary Problems

A unique perspective on the concerns posed by the internationalization of US securities markets is offered. A set of principles is developed that can guide US policymakers in reaching agreement with other nations on the minimum content of all nations' securities laws.


Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort Oct 1992

Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort

Law and Contemporary Problems

In 1968, the Second Circuit decided "Schoenbaum vs Firstbrook," a doctrinally significant case for two reasons. The initial panel decision found, among other things, that the allegedly fraudulent mismanagement of a foreign company had sufficient effects in the US to trigger the assertion of US subject matter jurisdiction. It is argued that as a result of the forces creating an internationalized securities marketplace, the prevailing extraterritoriality doctrine has become both useless and problematic.


Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn Oct 1992

Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn

Law and Contemporary Problems

Company law in the UK and securities regulation in the US have developed over the past six decades in response to rapidly changing economic, political and social circumstances. The main features of the regulation of primary securities distributions are identified in the two countries, and their treatment of civil liability is compared.