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Articles 1 - 14 of 14
Full-Text Articles in Law
Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes
Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes
Faculty Publications
This Article examines three separate aspects of the relationships between corporations and their securityholders from a dynamic economic perspective: (i) the feasibility of permitting shareholders to participate in the management of their corporations through the exercise of voting rights, (ii) Rule 3b-6, the safe harbor for projections (the Safe Harbor)8 under the Securities Exchange Act of 1934 (the 1934 Act),9 and (iii) the extraordinary returns available from investing in initial public offerings (IPO's). Three particular dynamic aspects are implicated in these situations.
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
Faculty Publications
Disclosure of estimates and opinions, which are often referred to as ‘soft information,‘ has presented a number of difficult issues to courts, the Securities and Exchange Commission (SEC) and companies issuing offering materials or required to file periodic reports with the SEC. Although this type of information often consists of projections, historical financial statements also include this type of information to varying degrees. For example, a bank's statement of financial position requires specification of loan loss reserves and is therefore dependent on an assessment of future events (the timing and extent of repayment). Similarly, determination of the timing of a …
Otc Derivatives & Systemic Risk: Innovative Finance Or The Dance Into The Abyss?, Adam P. Waldman
Otc Derivatives & Systemic Risk: Innovative Finance Or The Dance Into The Abyss?, Adam P. Waldman
American University Law Review
No abstract provided.
The Pendulum Swings Back: Why The Sec Should Rethink Its Policies On Disclosure Of Environmental Liabilities, Elizabeth Glass Geltman
The Pendulum Swings Back: Why The Sec Should Rethink Its Policies On Disclosure Of Environmental Liabilities, Elizabeth Glass Geltman
Villanova Environmental Law Journal
No abstract provided.
Opening Remarks Of The Panelists, Editors
Opening Remarks Of The Panelists, Editors
Villanova Environmental Law Journal
No abstract provided.
Disclosure Of Environmental Liability In Sec Filings, Financial Statements, And Debt Instruments: An Introduction, Michael M. Meloy
Disclosure Of Environmental Liability In Sec Filings, Financial Statements, And Debt Instruments: An Introduction, Michael M. Meloy
Villanova Environmental Law Journal
No abstract provided.
Environmental Remediation Liabilities: An Accountant's Perspective, Amy A. Ripepi
Environmental Remediation Liabilities: An Accountant's Perspective, Amy A. Ripepi
Villanova Environmental Law Journal
No abstract provided.
Disclosing Expenses And Liabilities Under The Clean Air Act Amendments Of 1990 In Securities Filings, Mark A. Stach
Disclosing Expenses And Liabilities Under The Clean Air Act Amendments Of 1990 In Securities Filings, Mark A. Stach
Villanova Environmental Law Journal
No abstract provided.
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Article 5: Highlights Of The Proposed Revision, James J. White
Article 5: Highlights Of The Proposed Revision, James J. White
Other Publications
I. The Current Status of Article 5: Drafting, Approval and Promulgation--The Most Significant Changes or Clarifications -- II. The Most Contentious Issues in the Revision of Article 5 -- III. More Subtle Questions About Revised Article 5
An Economic Analysis Of The Potential For Coercion In Consent Solicitations For Bonds, Royce De R. Barondes
An Economic Analysis Of The Potential For Coercion In Consent Solicitations For Bonds, Royce De R. Barondes
Faculty Publications
This Article examines why issuers frequently cannot present bondholders with an offer that draws on collective action problems to force the acceptance of the offer by the bondholders. The analysis is restricted to publicly offered bonds. For a number of reasons, privately placed debt presents fewer opportunities for coercion. A prior business relationship among various purchasers, which facilitates cooperation, may be more likely with respect to privately placed debt. Privately placed debt often has more significant protection for the bondholders than public debt with the same level of seniority
The Sec And The Institutional Investor: A Half-Time Report, John C. Coffee Jr.
The Sec And The Institutional Investor: A Half-Time Report, John C. Coffee Jr.
Faculty Scholarship
Nothing that the Securities and Exchange Commission ("SEC") has done in recent years has been as controversial or significant as its efforts to reform the proxy rules to permit greater communication among shareholders. Nothing that it has undertaken recently has also been left as incompletely or equivocally realized as these same efforts. That the SEC's efforts at facilitating shareholder communication have been controversial and significant is by now a commonplace observation. That they are incomplete and equivocal requires more explanation. Although the discovery that an agency is behaving inconsistently is hardly a revelation, more than politics appears to be at …
A Quest For Justice In The Conversion Of Security Interests, Russell A. Hakes
A Quest For Justice In The Conversion Of Security Interests, Russell A. Hakes
Kentucky Law Journal
No abstract provided.
Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White
Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White
Articles
For Professors Harris and Mooney the time has come to distinguish between work and play. Debating whether security is efficient is play. Revising Article 9 is work. Even Professor Schwartz does not argue for the abolition of Article 9; he merely reiterates the "puzzle" of secured credit and argues in his playful fashion that security might not be efficient.' Were it not for the fact that this debate might give us some insights about certain priority rules (such as those having to do with purchase money), it would be pure intellectual masturbation, a game with no purpose other than to …