Securities Law Commons^™

The Big Banks: Background, Deregulation, Financial Innovation, And ‘Too Big To Fail,’, Charles W. Murdock

Faculty Publications & Other Works

The U.S. economy is still reeling from the financial crisis that exploded in the fall of 2008. This Article asserts that the big banks were major culprits in causing the crisis by funding the non-bank lenders that created the toxic mortgages, which the big banks securitized and sold to unwary investors. Ironically, banks that were then too big to fail are even larger today.

The Article briefly reviews the history of banking from the Founding Fathers to the deregulatory mindset that has been present since 1980. It then traces the impact of deregulation, which led to the savings and loan …

What Kahneman Means For Lawyers: Some Reflections On Thinking, Fast And Slow, Charles W. Murdock, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.

Behavioral Economics And Investor Protection, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

Credit Default Swaps: Dubious Instruments, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

Fraud Created The Market., Michael J. Kaufman

Faculty Publications & Other Works

As we have shown in a series of prior Articles, and as scholars have accepted since, class actions are vital to protecting investors. Presumptions of reliance facilitate class-wide resolution of securities fraud claims. Without class certification, individual damages may be de minimis, and thus investors would be unlikely to bring a securities fraud suit. This underenforcement allows those who defraud investors to skate liability and impugn the integrity of the marketplace. Under Rule 1Ob-5, for securities fraud the Supreme Court has presumed reliance to facilitate class actions where there is an omission in the face of a duty to disclose …

Messy Mental Markers: Inferring Scienter From Core Operations In Securities Fraud Litigation., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

Redoing The Statutory Scheme By Rule-Making, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

The Judicial Access Barriers To Remedies For Securities Fraud., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

In Defense Of The Gses, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Toward A Just Measure Of Repose: The Statute Of Limitations For Securities Fraud., Michael J. Kaufman

Faculty Publications & Other Works

Statutes of limitations, a long-standing bulwark of civil litigation, mitigate the risk that evidence of meritorious claims will become stale and relieve defendants who might be exposed to claims from unending uncertainty about whether claims will be brought. But these twin rationales are balanced against allowing plaintiffs sufficient time to discover and file meritorious claims. This balance is manifest in the judicial and congressional effort to fashion a statute of limitations for securities fraud claims. The Supreme Court in Merck & Co. v. Reynolds recently attempted to strike that balance in its interpretation of the statute of limitations for securities …

Section 16(B) And Its Limitations Period: The Case For Equitable Tolling., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

The Dodd- Frank Wall Street Reform And Consumer Protection Act: What Caused The Financial Crisis And Will Dodd-Frank Succeed In Preventing Future Crises?, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

Taking Economic Human Rights Seriously After The Debt Crisis., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Resolving The Continuing Controversy Regarding Confidential Informants In Private Securities Fraud Litigation., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

The Unjustified Judicial Creation Of Class Certification Merits Trials In Securities Fraud Actions, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

Regressing: The Troubling Dispositive Role Of Event Studies In Securities Fraud Litigation., Michael J. Kaufman

Faculty Publications & Other Works

An event study is a statistical regression analysis that merely provides one method of examining the effect of an event, such as a disclosure of information on the market price of a security. Yet the law governing event studies has become inseparable from the substantive law governing securities fraud litigation. Courts have effectively collapsed securities fraud actions into a single question: Whether the defendant's misrepresentation or omission created a disparity between the transaction price of a security and its true value measured by the precise reaction of the market price to the disclosure of the concealed information. A misrepresentation or …

Corporate Corruption And The Complicity Of Congress And The Supreme Court - The Tortuous Path From "Central Bank" To "Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc., Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

Can The Cftc And Sec Work Together To Prevent Another Madoff?, Chantal Kazay

Public Interest Law Reporter

No abstract provided.

Congress, The Supreme Court And The Proper Role Of Confidential Informants In Securities Fraud Litigation., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

Puelo V Topel: The Court Got It Wrong, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

A Primer On Pleading Securities Fraud Under Plsra: The Seventh Circuit’S Decision In Tellabs, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

The End Of Corporate Governance Law: Optimizing Regulatory Structures For A Race To The Top., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Nationalizing Ethical Standards For Securities Lawyers., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

When Does The Securities Litigation Uniform Standards Act Of 1998 Preempt State Law Claims?, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

The Supreme Court’S Decisions In Arthur Andersen And Dura Pharmaceuticals, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

What's Brewing In Dura V. Broudo? The Plaintiffs' Attorneys Review The Supreme Court's Opinion And Its Import For Securities-Fraud Litigation, Patrick J. Coughlin, Eric Alan Isaacson, Joseph D. Daley

Loyola University Chicago Law Journal

No abstract provided.

At A Loss: Congress, The Supreme Court And Causation Under Federal Securities Law, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

Squeeze-Outs, Freeze-Outs And Discounts: Why Is Illinois In The Minority In Protecting Shareholder Interests?, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

Why Not Tell The Truth?, Charles W. Murdock

Public Interest Law Reporter

No abstract provided.

Flaw In The Sarbanes-Oxley Reform: Can Diversity In The Boardroom Quell Corporate Corruption?, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.