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Cause For Concern: Causation And Federal Securities Fraud, Jill E. Fisch
Cause For Concern: Causation And Federal Securities Fraud, Jill E. Fisch
All Faculty Scholarship
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 …
Creating A Roadmap For Achieving Intergenerational Environmental Justice, Clifford Rechtschaffen
Creating A Roadmap For Achieving Intergenerational Environmental Justice, Clifford Rechtschaffen
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Clifford Rechtschaffen, Professor of Law and Director, JD Environmental Law Program; Co-Director, Environmental Law and Justice Clinic, Golden Gate University School of Law
5 pages.