Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Washington and Lee University School of Law (14)
- Loyola University Chicago, School of Law (12)
- University of Kentucky (3)
- Vanderbilt University Law School (3)
- Brigham Young University Law School (1)
-
- Cleveland State University (1)
- Seattle University School of Law (1)
- Southern Methodist University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Colorado Law School (1)
- University of Washington School of Law (1)
- Villanova University Charles Widger School of Law (1)
- West Virginia University (1)
- Keyword
-
- Securities (4)
- Securities Regulation (4)
- Securities fraud (4)
- Corporations (3)
- Securities law (3)
-
- Corporation (2)
- S.E.C. (2)
- SEC (2)
- Securities and Exchange Commission (2)
- Shareholders (2)
- 10b-5 (1)
- Administrative Law (1)
- Affirmative duty to disclose (1)
- Ambiguity (1)
- Automobiles (1)
- Board of directors (1)
- Capital (1)
- Capital formation (1)
- Causation (1)
- Civil Procedure (1)
- Constitutional Law (1)
- Constitutional law (1)
- Corporate (1)
- Corporate acquisitions and mergers (1)
- Corporate business combinations (1)
- Corporate law (1)
- Corporate management (1)
- Costs (1)
- Disclosure (1)
- Dividend (1)
- Publication
-
- Loyola University Chicago Law Journal (12)
- Washington and Lee Law Review (8)
- Supreme Court Case Files (6)
- Vanderbilt Law Review (3)
- Law Faculty Scholarly Articles (2)
-
- BYU Law Review (1)
- Cleveland State Law Review (1)
- Faculty Journal Articles and Book Chapters (1)
- Kentucky Law Journal (1)
- Publications (1)
- Seattle University Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- Villanova Law Review (1)
- Washington Law Review (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 41
Full-Text Articles in Law
Implied Private Right Of Action Under Section 17 Of The Securities Exchange Act Of 1934, Andrew Bor
Implied Private Right Of Action Under Section 17 Of The Securities Exchange Act Of 1934, Andrew Bor
Vanderbilt Law Review
The Securities Exchange Act of 1934 created the Securities and Exchange Commission (SEC) and vested it with broad regulatory and enforcement powers. While one of the purposes of the Act is to protect investors, the SEC has long recognized that it lacks the resources to fully accomplish that goal. Consequently, plaintiffs injured by actions in violation of the Act have sought remedies in the federal courts that have been willing to imply private rights of action under the securities laws. Recently, however, the Supreme Court has indicated that it will restrict the scope of remedies available to private litigants, thus …
A Definition Of "Investment Contracts" And Equitable Defenses To Suit For Rescission For Nonregistration Under The Arkansas Securities Act, Anne P. Ritchey
A Definition Of "Investment Contracts" And Equitable Defenses To Suit For Rescission For Nonregistration Under The Arkansas Securities Act, Anne P. Ritchey
University of Arkansas at Little Rock Law Review
No abstract provided.
Leroy V. Great Western United Corp., Lewis F. Powell Jr.
Leroy V. Great Western United Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Parklane Hosiery Co., Inc. V. Shore, Lewis F. Powell Jr.
Parklane Hosiery Co., Inc. V. Shore, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Burks V. Lasker, Lewis F. Powell Jr.
International Brotherhood Of Teamsters, Chauffeurs, Warehousemen & Helpers Of America V. Daniel, Lewis F. Powell Jr.
International Brotherhood Of Teamsters, Chauffeurs, Warehousemen & Helpers Of America V. Daniel, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Touche Ross Co. V. Redington, Lewis F. Powell Jr.
Touche Ross Co. V. Redington, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Plaintiff's Standard Of Care After Hochfelder: Toward A Theory Of Causation, Robert P. Bryant
Plaintiff's Standard Of Care After Hochfelder: Toward A Theory Of Causation, Robert P. Bryant
Vanderbilt Law Review
The extended debate by the Institute illustrates the logical and even emotional difficulty of dealing with the victim of an admittedly intentional deception who has acted foolishly in his own behalf and does not seem to deserve recovery. The crux of the controversy in the common law deceit cases mirrors that in the 10b-5 cases:should the victim have to investigate, and what might trigger an obligation to investigate? As this discussion demonstrates, tort principles provide some guidance. In deceit cases, the obligations placed on the plaintiff arise from the requirement that his reliance be justified. To the extent that his …
United States V. Naftalin, Lewis F. Powell Jr.
United States V. Naftalin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Federal Judicial And Regulatory Responses To Santa Fe Industries, Inc. V. Green, Thomas J. Sherrard
Federal Judicial And Regulatory Responses To Santa Fe Industries, Inc. V. Green, Thomas J. Sherrard
Washington and Lee Law Review
No abstract provided.
Tender Offers And Bidder Access To Target Company Shareholder Lists
Tender Offers And Bidder Access To Target Company Shareholder Lists
BYU Law Review
No abstract provided.
Securities Fraud Under The Blue Sky Of Washington, Sally H. Clarke
Securities Fraud Under The Blue Sky Of Washington, Sally H. Clarke
Washington Law Review
In the past, federal courts have been the primary forums for securities fraud litigation because they exercise exclusive jurisdiction over claims under the Securities Exchange Act of 1934, and have expansively interpreted the antifraud provisions of that Act. Recent developments, however, suggest that state courts may provide a more attractive forum for plaintiffs seeking relief from securities fraud in Washington. Relevant considerations include recent United States Supreme Court decisions limiting the scope of civil liability under the 1934 Act, increasing congestion and delay in federal courts, recent amendments expanding the coverage of the civil liability provision of the Securities Act …
Voluntary Recapitalization, Fairness, And Rule 10b-5: Life Along The Trail Of Santa Fe, Rutheford B. Campbell Jr.
Voluntary Recapitalization, Fairness, And Rule 10b-5: Life Along The Trail Of Santa Fe, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
In corporate recapitalizations, the board of directors will sometimes propose a recapitalization plan which substantially alters the “bundle of rights” represented by preferred shares. Although these plans cannot usually be completed without the approval of a majority of the preferred shareholders, the preferred shareholders are at a disadvantage to protect their interests for several reasons. Thus preferred shareholders who are dissatisfied with the change in their rights will sometimes call upon state courts to enjoin the recapitalization on the grounds that it is unfair or fraudulent; state courts, however, have provided only slight protection for preferred shareholders. In this article, …
The Plight Of Small Issuers Under The Securities Act Of 1933: Practical Foreclosure From The Capital Market, Rutheford B. Campbell Jr.
The Plight Of Small Issuers Under The Securities Act Of 1933: Practical Foreclosure From The Capital Market, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
The thesis of this Article is simple: the Securities Act of 1933 does not work very well for small issuers, a premise which the Securities and Exchange Commission appeared to tacitly recognize in a series of announcements released early this year. Because of a combination of exorbitant costs, unmanageable levels of ambiguity, unworkable resale provisions and contamination caused by prior illegal sales of stock, a small issuer often is unable to comply with the 1933 Act. As a result it may be difficult or even impossible for a small issuer to raise capital by selling stock.
There are obvious pernicious …
Security Interests In Motor Vehicles: A Conflict In Kentucky Law, Henry Lawson
Security Interests In Motor Vehicles: A Conflict In Kentucky Law, Henry Lawson
Kentucky Law Journal
No abstract provided.
Reinsurance Pools And The Federal Securities Laws, Michael L. Weissman
Reinsurance Pools And The Federal Securities Laws, Michael L. Weissman
Loyola University Chicago Law Journal
No abstract provided.
Directed Trustee Liability Under Erisa, David L. Heald, Joseph P. Mulhern Iii
Directed Trustee Liability Under Erisa, David L. Heald, Joseph P. Mulhern Iii
Loyola University Chicago Law Journal
No abstract provided.
Delaware: The Race To The Bottom - Is An End In Sight?, Charles W. Murdock
Delaware: The Race To The Bottom - Is An End In Sight?, Charles W. Murdock
Loyola University Chicago Law Journal
No abstract provided.
The Comptroller's Regulation - An Illusory Remedy To The Fiduciary Dilemma Of National Banks In Light Of Slade V. Shearson, Hammill & Co., Diane S. Locandro
The Comptroller's Regulation - An Illusory Remedy To The Fiduciary Dilemma Of National Banks In Light Of Slade V. Shearson, Hammill & Co., Diane S. Locandro
Loyola University Chicago Law Journal
No abstract provided.
Implied Liability For Violation Of Stock Exchange And Nasd Rules - After Rolf And Faturik, Elizabeth Pendzich
Implied Liability For Violation Of Stock Exchange And Nasd Rules - After Rolf And Faturik, Elizabeth Pendzich
Loyola University Chicago Law Journal
No abstract provided.
The Attorney-Client Privilege In Shareholder Litigation: The Need For A Predictable Standard, Sara Reingold Leopold
The Attorney-Client Privilege In Shareholder Litigation: The Need For A Predictable Standard, Sara Reingold Leopold
Loyola University Chicago Law Journal
No abstract provided.
Broker Dealers, Market Makers And Fiduciary Duties, Carl Wartman
Broker Dealers, Market Makers And Fiduciary Duties, Carl Wartman
Loyola University Chicago Law Journal
No abstract provided.
The Monitoring Committee And Outside Directors' Evolving Duty Of Care, Arthur W. Hahn, Carol B. Manzoni
The Monitoring Committee And Outside Directors' Evolving Duty Of Care, Arthur W. Hahn, Carol B. Manzoni
Loyola University Chicago Law Journal
No abstract provided.
Employee Stock Ownership Plans: Fiduciary Duties In Loan Transactions, William S. Piper
Employee Stock Ownership Plans: Fiduciary Duties In Loan Transactions, William S. Piper
Loyola University Chicago Law Journal
No abstract provided.