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Full-Text Articles in Law
Extraterritoriality As Standing: A Standing Theory Of The Extraterritorial Application Of The Securities Laws, Erez Reuveni
Extraterritoriality As Standing: A Standing Theory Of The Extraterritorial Application Of The Securities Laws, Erez Reuveni
Erez Reuveni
This Article contends that the current treatment of the extraterritorial scope of the 1934 Securities Exchange Act as a question of subject matter jurisdiction is wrong. Although the Act is silent as to its extraterritorial application, for over forty years courts have analyzed the Act’s extraterritorial scope as a question of subject matter jurisdiction, relying on the so-called “conduct” and “effects” tests. Because courts apply these tests in an ad hoc, case-by-case manner, they are inherently unpredictable and unnecessarily complicated. This state of affairs has become particularly troublesome in recent years, as so-called “foreign-cubed” securities fraud lawsuits - lawsuits filed …
Aggregation, Community, And The Line Between, Elizabeth Chamblee Burch
Aggregation, Community, And The Line Between, Elizabeth Chamblee Burch
Scholarly Works
As class-action theorists, we sometimes focus so heavily on the class certification threshold that we neglect to reassess the line itself. The current line asks whether procedurally aggregated individuals form a sufficiently cohesive group before the decision to sue. Given this symposium’s topic - the state of aggregate litigation and the boundaries of class actions in the decade after Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp. - the time is ripe to challenge our assumptions about this line in non-class aggregation. Accordingly, this Article examines group cohesion and asks whether the current line is the only dividing …
Striking An Efficient Balance: Making Sense Of Antitrust Standing In Class Action Certification Motions, Kelly J. Bozanic
Striking An Efficient Balance: Making Sense Of Antitrust Standing In Class Action Certification Motions, Kelly J. Bozanic
Kelly J. Bozanic
Class actions are powerful litigation devices, especially in antitrust cases. Plaintiffs who otherwise would not have the economic incentive to pursue judicial redress are vested with status as equal players in the commercial marketplace. The aims of both the antitrust laws and Rule 23(b)(3) of the Federal Rules of Civil Procedure are served through class actions, yet class actions also bear the potential of negatively impacting the consuming public. This is so, because district court judges considering certification motions face seemingly contradictory standards when it comes to certifying an antitrust class. As a result, plaintiff classes are often given an …