Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Banking agencies (1)
- Business Lawyer (1)
- Commodities Futures Trading Commission (CFTC) (1)
- Company registration (1)
- Corporate liability (1)
-
- Corporate responsibility (1)
- Derivative market (1)
- Liability and illiquidity (1)
- Market failure (1)
- Market structure (1)
- Private placement exemption (1)
- Regulatory consolidation (1)
- Securities Act (1)
- Securities Exchange Commission (SEC) (1)
- Securities and Exchange Commission (SEC) (1)
- Shareholder liability (1)
- Unlimited liability (1)
- Washington and Lee Law Review (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Justice Blackmun And Securities Arbitration: Mcmahon Revisited, James A. Fanto
Justice Blackmun And Securities Arbitration: Mcmahon Revisited, James A. Fanto
Faculty Scholarship
No abstract provided.
Competition Versus Consolidation: The Significance Of Organizational Structure In Financial And Securities Regulation, John C. Coffee Jr.
Competition Versus Consolidation: The Significance Of Organizational Structure In Financial And Securities Regulation, John C. Coffee Jr.
Faculty Scholarship
It's as predictable as the swallows' return to Capistrano. At the outset of each new Administration, a Presidential Task Force proposes a restructuring of the federal administrative agencies. New developments in rapidly evolving markets, it is argued, require a consolidation of agencies to generate a broader perspective, to create a "level playing field," and to end the possibility of a "race to the bottom" (to the extent that market participants can opt for one regulatory system over another). The proposal draws little overt criticism, but turf-conscious agencies quietly mobilize their constituencies to oppose the reform. The first sign of trouble …
Is Unlimited Liability Really Unattainable: Of Long Arms And Short Sales, Mark R. Patterson
Is Unlimited Liability Really Unattainable: Of Long Arms And Short Sales, Mark R. Patterson
Faculty Scholarship
Unlimited shareholder liability would radically change the way we look at corporations. In an unlimited-liability world, one part at least of the veil between corporation and shareholder would no longer exist. As a result, the relationship between corporation and shareholder would be, both in law and in fact,much closer than it is currently. The two parts of this change-the legal and the factual-would reinforce each other. The legal change would be reflected in court decisions enforcing unlimited liability Regardless of the exact contours that decisions in this area took initially, there would be at least some shareholders-mutual funds, for example--whom …
Re-Engineering Corporate Disclosure: The Coming Debate Over Company Registration, John C. Coffee Jr.
Re-Engineering Corporate Disclosure: The Coming Debate Over Company Registration, John C. Coffee Jr.
Faculty Scholarship
Statutory obsolescence is the fate of all legislation. At some point in the natural "life cycle" of any statute, courts tend to move from purposive statutory construction, focused on the actual legislative intent, to greater deference towards administrative expertise as they implicitly recognize that the original legislative intent no longer fits the contemporary institutional landscape. Given that the federal securities laws were passed during the 1930s, they have now entered the geriatric zone where their possible obsolescence must be considered. Some academics have already called for the SEC's elimination on precisely this basis. Practitioners complain about the "metaphysical" and "hypertechnical" …
Is The Shingle Theory Dead?, Roberta S. Karmel
Is The Shingle Theory Dead?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.