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Full-Text Articles in Law
Currently Mandated Myopia Of Rule 10b-5: Pay No Attention To That Manager Behind The Mutual Fund Curtain, The , Kelly S. Kibbie
Currently Mandated Myopia Of Rule 10b-5: Pay No Attention To That Manager Behind The Mutual Fund Curtain, The , Kelly S. Kibbie
Missouri Law Review
This Article examines the current state of the Rule 10b-5 right of action following a constricting trilogy of Supreme Court cases that have rendered it a myopic remnant of the right previously endorsed by the United States Securities and Exchange Commission (the “SEC”) and hundreds of courts over a span of numerous decades. The Roberts Court’s pronouncement in Janus Capital Group, Inc. v. First Derivative Traders has generated an immense amount of criticism and a slew of conflicting lower court decisions. By effectively abolishing most private Rule 10b-5 claims against secondary actors, including lawyers, accountants, credit rating agencies, underwriters and …
Making Friends Of Foes: Bringing Labor And Management Together Through Integrative Bargaining, Carly Duvall
Making Friends Of Foes: Bringing Labor And Management Together Through Integrative Bargaining, Carly Duvall
Journal of Dispute Resolution
Collective bargaining's unique history and structure make it an ideal setting for integrative bargaining ("LB").1 First, most collective bargaining agreements have a set expiration date, which causes the parties to constantly return to the bargaining table to negotiate new terms. Second, collective bargaining in the labor-management setting has a long history in the United States, and unions and management tend to form long-lasting relationships. Finally, collective bargaining agreements address complex interests and are designed to meet the needs of a variety of constituents. These factors combine to produce a relationship involving several individuals, going back multiple generations, who are sure …
Head'em Off At The Impasse: A Victory For Management In The War To Implement Its Last Best Offer - Mountain Valley Educational Ass'n V. Maine Sad No. 43, Thomas C. Albus
Head'em Off At The Impasse: A Victory For Management In The War To Implement Its Last Best Offer - Mountain Valley Educational Ass'n V. Maine Sad No. 43, Thomas C. Albus
Journal of Dispute Resolution
The impasse doctrine in collective bargaining allows limited unilateral action by an employer when a good-faith deadlock in negotiations is reached between the employer and employees' representatives. This doctrine is a judicial invention used to reconcile the dual mandate of the National Labor Relations Act: to enforce the duty of good-faith bargaining while not compelling parties to accept agreements or make concessions. Traditionally, the impasse doctrine has been viewed as a tool to promote an ongoing bargaining process; more recently, it has been viewed as a terminal point in the negotiation process. By broadening the definition of impasse, courts ascribing …
Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes
Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes
Faculty Publications
This Article examines three separate aspects of the relationships between corporations and their securityholders from a dynamic economic perspective: (i) the feasibility of permitting shareholders to participate in the management of their corporations through the exercise of voting rights, (ii) Rule 3b-6, the safe harbor for projections (the Safe Harbor)8 under the Securities Exchange Act of 1934 (the 1934 Act),9 and (iii) the extraordinary returns available from investing in initial public offerings (IPO's). Three particular dynamic aspects are implicated in these situations.
Preliminary Analysis Of The Uses Of Scientific Models In Dispute Prevention, Management And Resolution, A, J. D. Nyhart, E. A. Dauer
Preliminary Analysis Of The Uses Of Scientific Models In Dispute Prevention, Management And Resolution, A, J. D. Nyhart, E. A. Dauer
Journal of Dispute Resolution
The ambition of this article is modest-to suggest linkages at a theoretical level rather than to "prove" them empirically. A fully rigorous analysis, employing the three model-use variants strictly as independent variables, would require the articulation of a comprehensive theory of dispute resolution, a construction which the state of the literature does not yet allow. To the extent that the analysis does lead to at least some preliminary hypotheses about the linkage between process tools and conflict outcomes, it may be useful to the eventual elaboration of such a theory.