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Full-Text Articles in Law
Reworking The Unworkable: Halliburton Ii And The Court's Reexamination Of Fraud On The Market, Mariana Estévez
Reworking The Unworkable: Halliburton Ii And The Court's Reexamination Of Fraud On The Market, Mariana Estévez
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews the upcoming Supreme Court case Erica P. John Fund, Inc. v. Halliburton Co. in which the Court is called upon to reexamine the controversial fraud-on-the-market rule. This rule, a cornerstone of securities litigation for the past two decades, allows the court to presume that securities fraud plaintiffs relied on a misstatement or omission if the security affected is traded on an efficient market. The subject of intense debate for years, this commentary reviews and analyzes precedent and predicts the case's likely outcome--that the Court will not expressly overrule the fraud-on-the-market rule, but will nevertheless modify it to …
Bond V. United States. Deciphering Missouri V. Holland And The Scope Of Congress's Powers When Implementing A Non-Self-Executing Treaty, Stephanie Peral
Bond V. United States. Deciphering Missouri V. Holland And The Scope Of Congress's Powers When Implementing A Non-Self-Executing Treaty, Stephanie Peral
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Bond v. United States. What started as an act of revenge by a jealous wife will require the Supreme Court to examine a ninety-year old precedent concerning the extent of Congress's powers when acting pursuant to a treaty and whether a valid treaty allows Congress to act without being limited by the Article I enumerated powers.
What's Money Got To Do With It: Robers V. United States And Collateral Under The Mandatory Victims Restitution Act Of 1996, Tori M. Bennette
What's Money Got To Do With It: Robers V. United States And Collateral Under The Mandatory Victims Restitution Act Of 1996, Tori M. Bennette
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Robers v. United States. The Supreme Court will have the opportunity to resolve a major circuit split concerning how to value restitution owed to victims of mortgage lending fraud. Specifically, the court will determine whether the value of collateral mortgage property at the time of foreclosure is used to offset how much restitution fraudulent borrowers owe their victims, or whether the value of only the actual cash proceeds received from foreclosure of the property is used to offset restitution.
Up In The Air: Lawson V. Fmr Llc & The Scope Of Sarbanes-Oxley Whistleblower Protection, Ryan Mccarthy
Up In The Air: Lawson V. Fmr Llc & The Scope Of Sarbanes-Oxley Whistleblower Protection, Ryan Mccarthy
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Lawson v. FMR LCC, in which the Court will consider whether Sarbanes-Oxley extends whistleblower protection to employees of the private contractors and subcontractors of public companies.
Proskauer Rose Llp V. Troice: Deciphering The Proper Scope Of Slusa, Sriram Giridharan
Proskauer Rose Llp V. Troice: Deciphering The Proper Scope Of Slusa, Sriram Giridharan
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.