Law Commons^™

The Treaty Of St. Louis And Black Hawk's Bitterness, John K. Flanagan

Northern Illinois University Law Review

In the process of expanding the American West, officials of the United States government negotiated and signed many treaties to obtain land from Indian tribes. Sometimes, more than one treaty was made with the same tribe regarding adjacent land after it was discovered by the government that the previous treaty gave too much land to the Indians. Arguably, many of these treaties involved a form of fraud or coercion on the part of government officials. One example of how lands were obtained by fraud is the Treaty of St. Louis. This article focuses on the reasons why Black Hawk, a …

Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt

Publications

This article summarizes many issues involved when a real estate buyer believes that someone did not tell them the full story about the condition of property they acquired and they want to sue for those untruths. Areas of discussion include seller, broker, and home inspector intentional and negligent concealment of property defects.

Grouping Fraud And Money Laundering Under The Federal Sentencing Guidelines: The Need For Uniformity And Proportionality, Christopher J. Fernandez

Washington and Lee Law Review

No abstract provided.

Establishing Uniformity: The Need For A Per Se Rule Against The Grouping Of Money Laundering And Fraud Counts Under The Federal Sentencing Guidelines, Eric C. Tew

William & Mary Law Review

No abstract provided.

Cybergossip Or Securities Fraud? Some First Amendment Guidance In Drawing The Line., Lyrissa Lidsky, Michael Pike

Faculty Publications

Fifteen-year-old Jonathan Lebed, the youngest person ever pursued by the SEC in an enforcement action, made over $800,000 in six months by promoting stocks on Internet message boards. Using several fictitious screen names, Jonathan posted hundreds of messages on Yahoo! Finance, hyping selected over-the-counter stocks and then promptly selling his pre-purchased shares as soon as the stock prices rose.

Publicly, the SEC painted a picture-perfect case of securities fraud. Yet, the SEC forced disgorgement of only $285,000 of Jonathan's profits, leaving many observers to wonder why the resolution of this supposedly clear-cut case left its teenaged perpetrator with over $500,000. …

Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that a full credit bid at foreclosure, based on a fraudulent appraisal, does not preclude an action against the appraiser.

Building A Strong Subnational Debt Market, Paul S. Maco

Richmond Journal of Global Law & Business

Decentralization of responsibility for finance and growing infrastructure needs are two trends that are expected to stimulate a growth in government borrowing at the sub-national level. Statistics for the first half of 2000 show a significant increase in sub-national debt volume, with global public finance, excluding Canada and the United States, more than doubling that of the first half of 1999.

For Entertainment Purposes Or Ad Majorem Dei Gloriam: Televangelism In The Marketplace Of Ideas, Juan G. Villasenor

Vanderbilt Journal of Entertainment & Technology Law

This Note discusses the proposed legal responses to the problem of fraud by televangelists. Finding the solutions constitutionally deficient, politically unsound, or practically ineffective as deterrents, it then explores the possibility of a content-based restriction on televangelists' speech. The Note concludes that such a deliberate restriction on speech cannot withstand First Amendment scrutiny, regardless of the dishonesty or disingenuousness one may find in televangelists' tactics. Accordingly, despite the great potential for deception, televangelists' activities are, and should be, absolutely protected by the First Amendment. Any proposed remedy to deal with televangelism must occur in the marketplace of ideas, which is …

On The Liability Of Corporate Directors To Holders Of Securities For Illegal Corporate Acts: Can The Tension Between The "Net-Loss" And "No-Duty-To-Disclose" Rules Be Resolved, Geoffrey Rapp

Fordham Journal of Corporate & Financial Law

No abstract provided.

Inside The Mind Of The Reasonable Person: Determining When Discovery Of Loss Has Occurred Under A Fidelity Bond In The Third Circuit, Paul A. Briganti

Villanova Law Review

No abstract provided.

Which Came First, The Fraud Or The Market: Is The Fraud-Created-The-Market Theory Valid Under Rule 10b-5, Peter J. Dennin

Fordham Law Review

It is true that you may fool all the people some of the time;you can even fool some of the people all the time; but you can't fool all of the people all the time.

Revised Article 9, Liens From The Fringe, And Why Sometimes Signatures Don’T Matter, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.