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Articles 1 - 12 of 12
Full-Text Articles in Law
Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii
Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii
Law and Contemporary Problems
Warren discusses the Private Securities Litigation Reform Act and the National Securities Market Improvement Act, among other issues. Predominant federalism postulates foreclose the proposed intrusion into investors' tort remedies traditionally allowed by the states under common law.
Preempting Unintended Consequences, A. A. Sommer Jr.
Preempting Unintended Consequences, A. A. Sommer Jr.
Law and Contemporary Problems
Sommer offers some insights on preemption. The case for preemption is that there is an inherent logic and consistency in having litigation involving nationally traded securities resolved in a single forum.
The Role Of State Law In An Era Of Federal Preemption: Lessons From Environmental Regulation, John P. Dwyer
The Role Of State Law In An Era Of Federal Preemption: Lessons From Environmental Regulation, John P. Dwyer
Law and Contemporary Problems
Using environmental regulation as an example, Dwyer discusses the role of state law in an era ruled by federal preemption. The present hybrid system of national standards and state implementation and enforcement may be a reasonable accomodation of both state and national interests.
Preemption Between The Poles: Erisa's Effect On State Common Law Actions Other Than Benefit Claims, Troy A. Price
Preemption Between The Poles: Erisa's Effect On State Common Law Actions Other Than Benefit Claims, Troy A. Price
University of Arkansas at Little Rock Law Review
No abstract provided.
Evaluating The Preemption Evidence: Have The Proponents Met Their Burden?, Richard H. Walker
Evaluating The Preemption Evidence: Have The Proponents Met Their Burden?, Richard H. Walker
Law and Contemporary Problems
Walker discusses the arguments for and against preemption regarding securities markets.
Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson
Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson
William & Mary Law Review
No abstract provided.
Tobacco Litigation: Medicaid Third Party Liability And Claims For Restitution, Cliff Sherrill
Tobacco Litigation: Medicaid Third Party Liability And Claims For Restitution, Cliff Sherrill
University of Arkansas at Little Rock Law Review
No abstract provided.
Brownfields, Environmental Federalism, And Institutional Determinism, William Wade Buzbee
Brownfields, Environmental Federalism, And Institutional Determinism, William Wade Buzbee
William & Mary Environmental Law and Policy Review
No abstract provided.
Evolution Of The Safe Drinking Water Act: A Search For Effective Quality Assurance Strategies And Workable Concepts Of Federalism, William E. Cox
Evolution Of The Safe Drinking Water Act: A Search For Effective Quality Assurance Strategies And Workable Concepts Of Federalism, William E. Cox
William & Mary Environmental Law and Policy Review
No abstract provided.
Safe Drinking Water: A Federalism Perspective, A. Dan Tarlock
Safe Drinking Water: A Federalism Perspective, A. Dan Tarlock
William & Mary Environmental Law and Policy Review
No abstract provided.
A National Product Liability Statute Of Repose - Let's Not, Stephen J. Werber
A National Product Liability Statute Of Repose - Let's Not, Stephen J. Werber
Law Faculty Articles and Essays
Despite the failure of the 104th Congress to override President Clinton's veto and enact the Common Sense Product Liability Legal Reform Act, there is little doubt that such an Act will be passed by the 105th Congress. Uniform national laws concerning product liability are necessary, can be enacted consistent with Congressional authority, and should be enacted at the earliest possible time. A balanced Act, recognizing the need to protect injured consumers while providing necessary protection to product manufacturers and distributors, can be drafted. Such an Act could include provisions that abolish the consumer expectancy test for design defect litigation, reject …
Blue Sky Laws And The Recent Congressional Preemption Failure, Rutheford B. Campbell Jr.
Blue Sky Laws And The Recent Congressional Preemption Failure, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
Laws regarding the sale of securities may be understood as responses to perceived bargaining failures. The most extreme examples of these bargaining failures are seen in instances in which investors are intentionally misled or defrauded regarding the quality of the investments they receive for their money. Even without the presence of such culpability, however, bargaining failures are likely anytime the trading parties lack sufficient, accurate information necessary to effect value-enhancing trades. When that occurs in trades for capital, the parties to the transaction are misinformed respecting the trade, expectations are not protected, and that precious commodity, capital, may be turned …