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Articles 2881 - 2910 of 5051
Full-Text Articles in Law
Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort
Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort
Fordham Law Review
In this Article, Professor Langevoort examines the adaptive qualities of Rule 10b-5 and how the rule has remained intact despite sweeping changes in the intellectual and political landscapes in which it operates. In Professor Langevoort's view, Rule l0b-5's survival is largely due to the flexibility of its language which has enabled the rule to embrace malleable social perceptions of the securities market and the securities business. Professor Langevoort also addresses the question of whether Rule l0b-5 has outlived its usefulness and should therefore be repealed and replaced by more precisely-drafted legislation. Professor Langevoort concludes that Rule l0b-5's continued survival is …
Can 10b-5 For The Banks--The Effect Of An Antifraud Rule On The Regulation Of Banks, Michael P. Malloy
Can 10b-5 For The Banks--The Effect Of An Antifraud Rule On The Regulation Of Banks, Michael P. Malloy
Fordham Law Review
In this Article, Professor Malloy explores the effects of the federal securities antifraud rule on the regulation of banks. In particular, he focuses on the changes in regulation of commercial bank trust department activities that followed the revelations in Texas Gulf Sulphur of alleged tipping between the commercial and trust departments of a major New York bank He also argues that federal bank regulatory policy has now turned away from disclosure-oriented regulation in favor of capital supervision, and that this may be a mistaken approach to the regulation of banking.
Congratulations From Your Continental Cousins, 10b-5: Securities Fraud Regulation From The European Perspective, Gerhard Wegen
Congratulations From Your Continental Cousins, 10b-5: Securities Fraud Regulation From The European Perspective, Gerhard Wegen
Fordham Law Review
No abstract provided.
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
Fordham Law Review
In this Article. Professor Fisch examines the history and legacy of Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilberston, the controversial 1991 Supreme Court decision that established a federal statute of limitations for private causes of action brought under Rule 10b-5. In Part I Professor Fisch reviews the history of the 10b-5 statute of limitations prior to LampE Part II then analyzes both the issues resolved and questions raised by Lampf. Part III traces the congressional reaction to Lampf that culminated in the addition of section 27A to the Securities Act of 1934. In Part IV, Professor Fisch concludes by …
The Rise And Fall (And Rise) Of Information-Based Insider Trading Enforcement, Thomas A. Mcgrath, Iii
The Rise And Fall (And Rise) Of Information-Based Insider Trading Enforcement, Thomas A. Mcgrath, Iii
Fordham Law Review
No abstract provided.
Puppet Masters Of Marionettes: Is Program Trading Maniuplative As Defined By The Securites Exchange Act Of 1934, Lawrence Damian Mccabe
Puppet Masters Of Marionettes: Is Program Trading Maniuplative As Defined By The Securites Exchange Act Of 1934, Lawrence Damian Mccabe
Fordham Law Review
No abstract provided.
The Duty To Disclose Forward-Looking Information: A Look At The Future Of Md&A, Suzanne J. Romajas
The Duty To Disclose Forward-Looking Information: A Look At The Future Of Md&A, Suzanne J. Romajas
Fordham Law Review
No abstract provided.
The Mother Court And The Foreign Plaintiff: Does Rule 10b-5 Reach Far Enough?, James J. Finnerty, Iii
The Mother Court And The Foreign Plaintiff: Does Rule 10b-5 Reach Far Enough?, James J. Finnerty, Iii
Fordham Law Review
No abstract provided.
Rule 10b-5 And Transnational Bankruptcies: Whose Law Should Apply?, Lauren D. Rosenthal
Rule 10b-5 And Transnational Bankruptcies: Whose Law Should Apply?, Lauren D. Rosenthal
Fordham Law Review
No abstract provided.
Remarks Delivered On The Occasion Of The Dedication Of The Sidney C. Norris Chair Of Law To Public Service, Thomas M. Quinn
Remarks Delivered On The Occasion Of The Dedication Of The Sidney C. Norris Chair Of Law To Public Service, Thomas M. Quinn
Fordham Law Review
No abstract provided.
When Libido Subverts Credo: Regulation Of Attorney-Client Sexual Relations, Margit Livingston
When Libido Subverts Credo: Regulation Of Attorney-Client Sexual Relations, Margit Livingston
Fordham Law Review
Recent calls for increased regulation of attorney-client sexual relations have led several state courts, legislatures, and bar associations to consider specific rules restricting such practices. Advocates of enhanced regulation seek institutional recognition of the power differential inherent in the lawyer-client relationship. Critics prefer to rely on existing ethics rules governing attorney misconduct. In this Article Professor Livingston first reviews the judicial and administrative response to clients who accuse their attorneys of sexual impropriety. She next examines recently enacted state rules regulating attorney sexual misconduct and discusses pending legislative proposals. Professor Livingston then recommends a ban on all attorney-client sexual relations …
The Fair Value Of Minority Stock In Closely Held Corporations, Zenichi Shishido
The Fair Value Of Minority Stock In Closely Held Corporations, Zenichi Shishido
Fordham Law Review
In this Article, Professor Shishido examines the various methods—those used by the courts as well as those suggested by law and economics scholars—for determining the fair value of minority stock in closely held corporations. In Professor Shishido's view, the courts' method of weighing—the so-called Delaware block method—fails to arrive at the true value of the minority's shares and often undervalues their worth. Professor Shishido also argues that law and economics scholars fail to differentiate between closely held corporations and publicly held corporations, thus failing to include the effect of corporate law on the fair value of closely held corporate stock.
The Problem Of Withholding In Response To Breach: A Proposal To Minimize Risk In Continuing Contracts, William J. Geller
The Problem Of Withholding In Response To Breach: A Proposal To Minimize Risk In Continuing Contracts, William J. Geller
Fordham Law Review
No abstract provided.
Can Hiv-Negative Plaintiffs Recover Emotional Distress Damages For Their Fear Of Aids?, James C. Maroulis
Can Hiv-Negative Plaintiffs Recover Emotional Distress Damages For Their Fear Of Aids?, James C. Maroulis
Fordham Law Review
No abstract provided.
Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman
Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman
Fordham Law Review
In this Article, Messrs. Schwarcz and Rothman analyze the disquieting impact of civil forfeiture law on creditors' rights. The Article begins by describing the historical origins of civil forfeiture and its development into current day law. The Article then explores the tension between forfeiture law and commercial and bankruptcy law by examining the effect of a forfeiture action on unsecured and undersecured creditors. The Article evaluates a recent model for balancing governmental and commercial law interests, and concludes by suggesting reforms to the present civil forfeiture scheme.
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act , Majorie A. Silver
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act , Majorie A. Silver
Fordham Law Review
In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decrees. The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …
Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown
Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown
Fordham Law Review
No abstract provided.
Immune From Review?: Threshold Issues In Section 1983 Challenges To The Delegate Selection Procedures Of National Political Parties , Kevin R. Puvalowski
Immune From Review?: Threshold Issues In Section 1983 Challenges To The Delegate Selection Procedures Of National Political Parties , Kevin R. Puvalowski
Fordham Law Review
No abstract provided.
The Divergence Of Standards Of Conduct And Standards Of Review In Corporate Law, Melvin Aron Eisenberg
The Divergence Of Standards Of Conduct And Standards Of Review In Corporate Law, Melvin Aron Eisenberg
Fordham Law Review
In this Article, Professor Eisenberg examines how and why standards of conduct and standards of review diverge in corporate law. Professor Eisenberg analyzes the relevant standards of conduct and review that apply in a number of corporate law contexts. He discusses the reasoning and policies underlying these diverging standards. Professor Eisenberg explains the basis of most existing standards of conduct and review and suggests modifications of several others.
The Sister Sovereign States: Preemption And The Second Twentieth Century Revolution In The Law Of The American Workplace, Henry H. Drummonds
The Sister Sovereign States: Preemption And The Second Twentieth Century Revolution In The Law Of The American Workplace, Henry H. Drummonds
Fordham Law Review
In this Article, Professor Drummonds examines the division of workplace regulatory authority between the states and the federal government. The Article first explores the decline of the New Deal system of collective bargaining and reviews the debates ignited by this decline. It then reviews the role of state law in regulating the workplace, and illustrates the complex relationship between federal and state law in the workplace by examining reductions in coverage for AIDS in employer-provided group medical plans. The Article sets forth a framework and theory for deciding federal-state authority issues. It analyzes traditional preemption doctrine and recent Supreme Court …
Witness For The Prosecution: Prosecutorial Discovery Of Information Generated By Non-Testifying Defense Psychiatric Experts, Elizabeth F. Maringer
Witness For The Prosecution: Prosecutorial Discovery Of Information Generated By Non-Testifying Defense Psychiatric Experts, Elizabeth F. Maringer
Fordham Law Review
No abstract provided.
The Case Against Strict Liability, Alan Schwartz
The Case Against Strict Liability, Alan Schwartz
Fordham Law Review
Professor Schwartz identifies the foundational assumptions of strict products liability law, and argues that these assumptions are either false, not supportive of banishing free contract, or not proven on the current evidence. After showing that, on the evidence now available, strict liability cannot be shown to be more efficient than free contract, Professor Schwartz argues that the choice among legal regimes should be made by a "representative consumer"--a person who knows what is knowable about markets and who knows that he lives in a liberal state, but who does not know what position he will occupy in that state. Professor …
The Fourth Amendment Rights Of The Homeless, Elizabeth Schultz
The Fourth Amendment Rights Of The Homeless, Elizabeth Schultz
Fordham Law Review
No abstract provided.
Increasing United States Investment In Foreign Securities: An Evaluation Of Sec Rule 144a, Vickie Kokkalenios
Increasing United States Investment In Foreign Securities: An Evaluation Of Sec Rule 144a, Vickie Kokkalenios
Fordham Law Review
No abstract provided.
The Modernization Of The French Securities Markets: Making The Eec Connection, Leslie A. Goldman
The Modernization Of The French Securities Markets: Making The Eec Connection, Leslie A. Goldman
Fordham Law Review
No abstract provided.
Banking On Europe: 1992 And Emu, Nancy Louise Kessler
Banking On Europe: 1992 And Emu, Nancy Louise Kessler
Fordham Law Review
No abstract provided.
A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones & Laughlin, Barry Cushman
A Stream Of Legal Consciousness: The Current Of Commerce Doctrine From Swift To Jones & Laughlin, Barry Cushman
Fordham Law Review
In this article on constitutional development and the New Deal Court. Professor Cushman argues that the conventional story of the Court's radical reversing of its jurisprudence in the face of the Court-packing plan is misconceived. The article instead seeks to demonstrate that Jones & Laughlin, one of the cases comprising the Constitutional Revolution of 1937 was conceptually, stylistically, and doctri- nally congruent with the Court's contemporary jurisprudence. The paradigm shift in commerce clause jurisprudence, Professor Cushman contends, came not in 1937, but in 1941 and 1942, after Roosevelt had had an opportunity to refash- ion the Court with a new …
Non-Debtor Liability In Chapter 11: Validity Of Third-Party Discharge In Bankruptcy, Peter M. Boyle
Non-Debtor Liability In Chapter 11: Validity Of Third-Party Discharge In Bankruptcy, Peter M. Boyle
Fordham Law Review
No abstract provided.
Public Employees' Freedom Of Association: Should Connick V. Myers' Speech-Based Public-Concern Rule Apply?, Mark Strauss
Public Employees' Freedom Of Association: Should Connick V. Myers' Speech-Based Public-Concern Rule Apply?, Mark Strauss
Fordham Law Review
No abstract provided.
The Applicability Of The Fair Use Defense To Commercial Advertising: Eliminating Unfounded Limitations, Manal Z. Khalil
The Applicability Of The Fair Use Defense To Commercial Advertising: Eliminating Unfounded Limitations, Manal Z. Khalil
Fordham Law Review
No abstract provided.