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Articles 1 - 30 of 60
Full-Text Articles in Law
Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman
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.
Foreword, James D. Cox
Commodity Exchanges And The Privatization Of The Agricultural Sector In The Commonwealth Of Independent States—Needed Steps In Creating A Market Economy, Alexander Belozertsev, Jerry W. Markham
Commodity Exchanges And The Privatization Of The Agricultural Sector In The Commonwealth Of Independent States—Needed Steps In Creating A Market Economy, Alexander Belozertsev, Jerry W. Markham
Law and Contemporary Problems
Pre-revolutionary commodities exchanges in Russia and their extinguishment by the Bolsheviks are examined, and the role thereafter by Soviet central planners in the distribution, import and export of agricultural commodities is described. It is argued that the privatization process in the CIS must include incentives for the development of an exchange system for agricultural goods.
Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn
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.
Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno
Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno
Law and Contemporary Problems
The general theories and legal standards for obtaining personal jurisdiction over a nonresident foreign entity under section 27 of the 1934 Securities Exchange Act are examined. The theories of obtaining jurisdiction over a foreign subsidiary corporation that has a parent present in the US for jurisdictional purposes are used as an example.
The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman
The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman
Law and Contemporary Problems
It is shown that in shareholder derivative litigation certain features of the Continental civil procedure model can be combined profitably with the more adversarial US model through the medium of a disinterested person.
“Mutual Recognition” And Cross-Border Financial Services In The European Community, E. Waide Warner
“Mutual Recognition” And Cross-Border Financial Services In The European Community, E. Waide Warner
Law and Contemporary Problems
One of the hallmarks of the European Commission's single market program is the removal of Member State barriers to the provision of financial services throughout the EC. The goal is to make a broad spectrum of banking, securities and insurance services available for everyone. The application of the mutual recognition approach is discussed.
Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser
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.
A Comparative Analysis Of Takeover Regulation In The European Community, David J. Berger
A Comparative Analysis Of Takeover Regulation In The European Community, David J. Berger
Law and Contemporary Problems
An attempt is made to disperse some of the regulatory haze created by the various philosophies of corporate governance within the EC. Understanding the different systems of takeover regulation within the European countries Before attempting an acquisition can provide a company with more than just important technical knowledge about the requirements of an acquisition.
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
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
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.
Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison
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.
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
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.
Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort
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.
Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox
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.
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
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.
Foreword, Charles W. Mooney Jr.
Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore
Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore
Law and Contemporary Problems
The connections between structuralist, poststructuralist and postmodern philosophers are traced. The opposition between individualists and relationists over the meaning of subjectivity is discussed.
The Paperless Letter Of Credit And Related Documents Of Title, Boris Kozolchyk
The Paperless Letter Of Credit And Related Documents Of Title, Boris Kozolchyk
Law and Contemporary Problems
A normative analysis of paperless letters of credit that will categorize the various transactions and delineate the boundaries and relative standing of the competing sets of rules is now appropriate. The analysis will suggest when an official rule is needed and what its character should be.
Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki
Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki
Law and Contemporary Problems
The most basic purpose of the Article 9 filing system is to make a filing accessible to a searcher. Problems with the current system are discussed, and it is concluded that it will take more than computerization to fix the problems.
Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus
Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus
Law and Contemporary Problems
Modern information technology modifies how commercial transactions occur and the subject matter of commerce itself. The challenge posed to scholars and policymakers by these issues is discussed.
Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.
Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.
Law and Contemporary Problems
Technology and commercial law are examined in the context of securities market clearing and settlement. The challenges to legal "scientists," legal "engineers" and legal "technicians," who are working with electronic information, are discussed.
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Law and Contemporary Problems
The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Law and Contemporary Problems
The professional relationship between Congressman Robert Kastenmeier and law professor John Stedman is discussed. John Stedman was a positive influence on Kastenmeier's thinking on patent and copyright issues.
Copyright, Paul Goldstein
Copyright, Paul Goldstein
Law and Contemporary Problems
The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.
505 And All That—The Defendant’S Dilemma, Peter Jaszi
505 And All That—The Defendant’S Dilemma, Peter Jaszi
Law and Contemporary Problems
Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.
Originality And Creativity In Copyright Law, Howard B. Abrams
Originality And Creativity In Copyright Law, Howard B. Abrams
Law and Contemporary Problems
Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of "Feist Publications Inc vs Rural Telephone Service Co" is discussed.
Grading The Performance Of A Legislator, Leo J. Raskind
Grading The Performance Of A Legislator, Leo J. Raskind
Law and Contemporary Problems
The case is made that Rep Robert Kastenmeier should be honored as a distinguished public servant. His record reflects both a concern for the public interest and a sensitivity to the needs of special interest groups.