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Full-Text Articles in Law
Federal Securities Fraud Litigation As A Lawmaking Partnership, Jill E. Fisch
Federal Securities Fraud Litigation As A Lawmaking Partnership, Jill E. Fisch
All Faculty Scholarship
In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its prior decision in Basic Inc. v. Levinson. The Court reasoned that adherence to Basic was warranted by principles of stare decisis that operate with “special force” in the context of statutory interpretation. This Article offers an alternative justification for adhering to Basic—the collaboration between the Court and Congress that has led to the development of the private class action for federal securities fraud. The Article characterizes this collaboration as a lawmaking partnership and argues that such a partnership offers distinctive lawmaking advantages. …
Judicial Activism In The Enforcement And Interpretation Of The Federal Securities Laws, John M. Sheffey
Judicial Activism In The Enforcement And Interpretation Of The Federal Securities Laws, John M. Sheffey
University of Arkansas at Little Rock Law Review
No abstract provided.
Corporations - Amendment Of Articles Of Incorporation - Power Of Majority To Require Holders Of Redeemable Preferred Stock To Accept Bonds Instead Of Money In Redemption, Clayton R. Smalley
Corporations - Amendment Of Articles Of Incorporation - Power Of Majority To Require Holders Of Redeemable Preferred Stock To Accept Bonds Instead Of Money In Redemption, Clayton R. Smalley
Michigan Law Review
Plaintiffs owned 6 percent cumulative convertible prior preferred stock in defendant corporation. The stock had a stated value of $100 per share, and was redeemable at the option of the corporation at $115 per share plus accumulated dividends. By vote of more than two-thirds of the outstanding shares of each class of stock issued, defendant's articles of incorporation were amended to authorize its board of directors to redeem the prior stock at $120 per share, payable in the company's 5 percent 30-year debentures. Interest on the debentures was to be cumulative, paid out of earnings, and subordinated to the other …