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Articles 1 - 30 of 50
Full-Text Articles in Law
Implied Private Remedies Under Federal Statutes: Neither A Death Knell Nor A Moratorium--Civil Rights, Securities Regulation, And Beyond, Thomas L. Hazen
Implied Private Remedies Under Federal Statutes: Neither A Death Knell Nor A Moratorium--Civil Rights, Securities Regulation, And Beyond, Thomas L. Hazen
Vanderbilt Law Review
The part of this Article that follows contains an examination of the implication process as it has developed in the federal courts.As will be seen, the Supreme Court has gone through a cyclical pattern of expansion and contraction in implying remedies with respect to a wide range of substantive areas. Accordingly, it is not possible to glean a single unified theory from the sixty-five years of Supreme Court activity. There are, however, a number of recurring themes, and it is possible to view all of the diverse approaches as part of a loosely defined pattern that was formulated into a …
Corporate Borrowing For Investment In Equity Securities: Tax Advantages Via The Interest Deduction And Dividends Received Deduction, Thomas D. Moore, Jr.
Corporate Borrowing For Investment In Equity Securities: Tax Advantages Via The Interest Deduction And Dividends Received Deduction, Thomas D. Moore, Jr.
Vanderbilt Law Review
By borrowing money and purchasing preferred stocks with an average yield greater than 58% of the interest rate on the debt, a corporation at the maximum marginal tax rate can reduce its federal income tax liability. In evaluating the potential benefit of this practice, the corporation must consider transactions costs and its ability either to tie the debt to the equities or to have a sufficiently distant maturity on the debt to weather interest rate cycles that depress preferred stock prices. A small to medium-sized corporation probably is in a better position to obtain appropriate debt and to purchase enough …
Social Investing And The Law Of Trusts, John H. Langbein, Richard A. Posner
Social Investing And The Law Of Trusts, John H. Langbein, Richard A. Posner
Michigan Law Review
In Part I, after presenting a brief primer on the economics of securities markets, we analyze the economic and policy issues presented by social investing. We conclude that the usual forms of social investing involve a combination of reduced diversification and higher administrative costs not offset by net consumption gains to the investment beneficiaries. Social investing may therefore be economically unsound even though there is no reason to expect a portfolio constructed in accordance with the usual principles of social investment to yield a below-average rate of return - provided that administrative costs are ignored.
Part II relates our policy …
Incorporation And The Securities Acts, Daniel T. Murphy
Incorporation And The Securities Acts, Daniel T. Murphy
Law Faculty Publications
ATTORNEYS, when advising clients regarding the advantages and disadvantages of incorporating a business, must carefully consider the applicability of the securities laws, state and federal, to the venture from its inception. If a business were run as a proprietorship or a general partnership, the principals could dispose of their interests in the business without consideration of the securities laws. The issuance of stock by a corporation to such individuals in exchange for cash or their interests in the business triggers the application of both state and federal securities laws. More importantly, however, the attorney must recognize that these statutes will …
Steadman V. Security And Exchange Commission (Sec), Lewis F. Powell Jr.
Steadman V. Security And Exchange Commission (Sec), Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rubin V. United States, Lewis F. Powell Jr.
Rubin V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Exempted Transactions Under The Securities Act Of 1933, By William J. Hicks, Morgan Shipman
Exempted Transactions Under The Securities Act Of 1933, By William J. Hicks, Morgan Shipman
Indiana Law Journal
No abstract provided.
Glass-Steagall: Some Critical Reflections, Roberta S. Karmel
Glass-Steagall: Some Critical Reflections, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Glass-Steagall: Some Critical Reflections, Roberta S. Karmel
Glass-Steagall: Some Critical Reflections, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
A Guide To The Investigative And Enforcement Provisions Of The Uniform Securities Act, Joseph C. Long
A Guide To The Investigative And Enforcement Provisions Of The Uniform Securities Act, Joseph C. Long
Washington and Lee Law Review
No abstract provided.
Implied Private Rights Of Action And The Federal Securities Laws: A Historical Perspective, John A. Maher
Implied Private Rights Of Action And The Federal Securities Laws: A Historical Perspective, John A. Maher
Washington and Lee Law Review
No abstract provided.
Employee Plan Trading In Commodity Futures, Thomas A. Russo, Stephan G. Bachelder, Bronislaw E. Grala
Employee Plan Trading In Commodity Futures, Thomas A. Russo, Stephan G. Bachelder, Bronislaw E. Grala
Washington and Lee Law Review
No abstract provided.
Section 17(A) Of The '33 Act: Defining The Scope Of Antifraud Protection
Section 17(A) Of The '33 Act: Defining The Scope Of Antifraud Protection
Washington and Lee Law Review
No abstract provided.
Rule 10b-5 And Section 18: The Conflict Between Express And Implied Remedies
Rule 10b-5 And Section 18: The Conflict Between Express And Implied Remedies
Washington and Lee Law Review
No abstract provided.
Freezeout Merger Regulation: An Sec Rule Joins State Efforts
Freezeout Merger Regulation: An Sec Rule Joins State Efforts
Washington and Lee Law Review
No abstract provided.
Implied Private Rights Of Action Under The Commodities Acts
Implied Private Rights Of Action Under The Commodities Acts
Washington and Lee Law Review
No abstract provided.
Emergency Power Of The Commodity Futures Trading Commission
Emergency Power Of The Commodity Futures Trading Commission
Washington and Lee Law Review
No abstract provided.
Toward The Uncertificated Security: A Congressional Lead For States To Follow, Egon Guttman
Toward The Uncertificated Security: A Congressional Lead For States To Follow, Egon Guttman
Washington and Lee Law Review
No abstract provided.
Rule 10b-5: The Circuits Debate The Exclusivity Of Remedies, The Purchaser-Seller Requirement, And Constructive Deception
Washington and Lee Law Review
No abstract provided.
Pledges Of Securities After Blue Chip
Pledges Of Securities After Blue Chip
Washington and Lee Law Review
No abstract provided.
Constructive Deception Under Rule 10b-5
Constructive Deception Under Rule 10b-5
Washington and Lee Law Review
No abstract provided.
Prohibited Tender Offer Practices
Reliance Requirement For A Non-Tendering Shareholder
Reliance Requirement For A Non-Tendering Shareholder
Washington and Lee Law Review
No abstract provided.
Conflicts Of Interest: The Chinese Wall And Bank Financing Of Hostile Tender Offers
Conflicts Of Interest: The Chinese Wall And Bank Financing Of Hostile Tender Offers
Washington and Lee Law Review
No abstract provided.
Recent Developments In Commodities Law
Recent Developments In Commodities Law
Washington and Lee Law Review
No abstract provided.
Proving Fraud Under The Commodities Acts
Proving Fraud Under The Commodities Acts
Washington and Lee Law Review
No abstract provided.