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Full-Text Articles in Law

Measuring Securities Market Efficiency In The Regulatory Setting, Randall S. Thomas, James F. Cotter Jul 2000

Measuring Securities Market Efficiency In The Regulatory Setting, Randall S. Thomas, James F. Cotter

Law and Contemporary Problems

In Nov 1998, the SEC proposed a modification to the federal securities law disclosure requirements to facilitate the process of issuing new securities. Thomas and Cotter discuss how to determine when companies should be able to issue simplified disclosure documents.


Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort Jul 2000

Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort

Law and Contemporary Problems

There can be no successful reform of the system of capital-raising regulation in the US without rethinking the liability regime. Reform is long overdue and can readily be accomplished in a way that does not unnecessarily compromise investor protection.


Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene Jul 2000

Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene

Law and Contemporary Problems

On Apr 8-9, 1999, more than sixty securities lawyers, regulators and academics participated in a roundtable discussion in Washington DC on what should be the future content of the US securities laws. A summary of the discussions is presented.


A Global Solution To Multinational Default, Jay Lawrence Westbrook Jun 2000

A Global Solution To Multinational Default, Jay Lawrence Westbrook

Michigan Law Review

A new world is slouching toward New York and London, Beijing and Bangkok, to be born. If our planet and our values survive the secondary effects of that emergence, we may look forward to a humanity more prosperous and more integrated than at any time in human history. The force that drives us to that future is free-market capitalism constrained in the vessel of democratic institutions. One important element in its progress is the fashioning of an international system for managing the financial crises that are one of the free market's inevitable consequences. In this symposium, we debate which is …


Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford Jan 2000

Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford

Faculty Publications

As the Constitution authorizes Congress to grant copyrights, it subjects the power to a public purpose requirement. Any monopoly Congress grants must be for the purpose of “promot[ing] the progress of science and useful arts.” But one result of Congress enacting the 1976 Act is a potential conflict between the Act and this public purpose requirement. An owner of intellectual property may believe that both copyright law – which mandates disclosure – and trade secret law – which mandates secrecy – can be used simultaneously. To believe that disclosure and secrecy can coexist is doublethink as both cannot be true. …


Prosecutor's Duty To Disclose Exculpatory Evidence, Lisa M. Kurcias Jan 2000

Prosecutor's Duty To Disclose Exculpatory Evidence, Lisa M. Kurcias

Fordham Law Review

No abstract provided.


Book Review, Mark J. Loewenstein Jan 2000

Book Review, Mark J. Loewenstein

Publications

No abstract provided.


On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring Jan 2000

On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring

Michigan Journal of International Law

This paper outlines a recent procedural innovation in the tax area, the Advance Pricing Agreement Program ("APA" program), and evaluates its success. Such a case study can play a significant role in linking procedural innovation to the broader issues of administrative law theory and regulatory reform. For example, a working model such as the APA program, built on flexibility and creativity, may support administrative theories advocating discretion, flexibility, and experimentation. Conversely, some interest group theories of regulation (e.g., public choice theory), can prompt critical examination of reforms like APAs that exhibit limited openness to scrutiny. The APA program is an …