Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Keyword
-
- Securities Act of 1933 (4)
- St. Mary’s University School of Law (3)
- Howey test (2)
- Inc. (2)
- Investment contracts (2)
-
- Securities (2)
- St. Mary’s Law Journal (2)
- Associations (1)
- Blue Sky Laws (1)
- Chapman v. Rudd Paint & Var-nish Co (1)
- Condominiums (1)
- Cooperative housing corporations (1)
- Corporate financing (1)
- Emery v. So-Soft of Ohio (1)
- Financing schemes (1)
- Florida Discount Centers (1)
- Forman v. Community Services (1)
- Founder-member contracts (1)
- Franchises (1)
- Fraud (1)
- Groby v. State (1)
- Hacker v. Goldberg (1)
- Inc. v. Antinori (1)
- Intrastate exemption (1)
- Investee (1)
- Investment clubs (1)
- Investment schemes (1)
- Investor (1)
- James P. Brennan (1)
- John W. Mcleod (1)
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Secured Transactions
A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer
A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer
St. Mary's Law Journal
Abstract Forthcoming.
Taking Stock Of The Court's Jurisdiction In A Sipa Liquidation, Roberta S. Karmel, Jeffery M. Weissman
Taking Stock Of The Court's Jurisdiction In A Sipa Liquidation, Roberta S. Karmel, Jeffery M. Weissman
Faculty Scholarship
No abstract provided.
The Hardeman Act - Some Unanswered Questions., M.K. Woodward
The Hardeman Act - Some Unanswered Questions., M.K. Woodward
St. Mary's Law Journal
Abstract Forthcoming.
Employee Compensation Plans: The Need For Stricter Regulation Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Margaret Gray Knodell
Employee Compensation Plans: The Need For Stricter Regulation Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Margaret Gray Knodell
St. Mary's Law Journal
Abstract Forthcoming.
A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer
A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer
St. Mary's Law Journal
Abstract Forthcoming.
Real Estate Investments As Securities: The Sufficiency Of The Howey Test Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., John W. Mcleod
St. Mary's Law Journal
The purpose of this article is to examine the kind of protection afforded to real estate investors through the securities acts passed the 1930s. The Supreme Court decision in SEC v. W.I. Howey Co. (1946) held that a security exists when (1) there is an investment of money (2) in a common enterprise (3) with profits to come solely from the efforts of others. This study considers the criticisms of Howey by two legal commentators of the late 1960s, Professor Coffee and Professor Long, in its examination of three main types of real estate investments: land syndications, condominiums, and cooperative …
Owner In Texas Not Precluded From Providing Additional Security., Margaret Mccracken
Owner In Texas Not Precluded From Providing Additional Security., Margaret Mccracken
St. Mary's Law Journal
Abstract Forthcoming.
Introduction Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations - Introduction., Joseph C. Long
Introduction Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations - Introduction., Joseph C. Long
St. Mary's Law Journal
Abstract Forthcoming.
Approaches To The Regulation Of Franchises, Founder-Member Contracts, And Referral Sales Agreements Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Patrick K. Sheehan
St. Mary's Law Journal
Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …
Oil Interests As Securities: The Enumerated Vs. The General Definition Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., David W. Townend
St. Mary's Law Journal
Abstract Forthcoming.
Applying Securities Regulations To Sales Of Club Memberships Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., James P. Brennan
St. Mary's Law Journal
The term “association” ordinarily suggests a collective of people bound together in pursuit of a particular purpose. The purpose of many associations is to realize financial gain through investing members’ money under circumstances that may amount to the sale of a security by the association. There are various types of associations that sell club memberships. These transactions lie either within or without the scope of federal and state securities acts. In examining the substance of membership in an association, courts have identified the elements that determine whether a transaction is a security. The elements include the investment of a member’s …
Intrastate Offerings Under Rule 147, J. William Hicks
Intrastate Offerings Under Rule 147, J. William Hicks
Articles by Maurer Faculty
No abstract provided.