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Full-Text Articles in Law
"Bright Line," "Substantial Participation," Or Something Else: Who Is A Primary Violator Under Rule 10b-5?, Rodney D. Chrisman
"Bright Line," "Substantial Participation," Or Something Else: Who Is A Primary Violator Under Rule 10b-5?, Rodney D. Chrisman
Faculty Publications and Presentations
This Note analyzes the competing theories currently used by courts and commentators to determine when a secondary actor’s conduct arises to the level of a primary violation under section 10(b) of the Securities and Exchange Act of 1934 and Securities and Exchange Commission rule 10b-5 on a theory of aiding and abetting primary violators. This Note proposes a workable and logical standard that can be used to differentiate a primary violation from mere aiding and abetting. Part I of the Note discusses the decision in Central Bank of Denver and the resulting dilemma that faced the lower courts in determining …
The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein
The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein
Publications
This article analyzes the Supreme Court's decision to decide only one federal securities law case, The Wharf (Holdings) Ltd. v. United International Holdings, Inc. On the face of it, the Court simply affirmed long-standing, uncontroversial tenets of Rule 10b-5. However, the article provides different explanations to the Court's decision.