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Securities Law Commons

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1998

Discipline
Institution
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Publication
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Articles 1 - 30 of 55

Full-Text Articles in Securities Law

The Political Economy Of Statutory Reach: U.S. Disclosure Rules In A Globalizing Market For Securities, Merritt B. Fox Dec 1998

The Political Economy Of Statutory Reach: U.S. Disclosure Rules In A Globalizing Market For Securities, Merritt B. Fox

Michigan Law Review

This Article addresses the appropriate reach of the U.S. mandatory securities disclosure regime. While disclosure obligations are imposed on issuers, they are triggered by transactions:- the public offering of, or public trading in, the issuers' shares. Share transactions are taking o n an increasingly transnational character. The barriers to a truly global market for equities continue to lessen: financial information is becoming increasingly globalized and it is becoming increasingly inexpensive and easy to effect share transactions abroad. There are approximately 41,000 issuers of publicly traded shares in the world. For an ever larger portion of these issuers, there will be …


Outsider Trading On Confidential Information: A Breech In Search Of A Duty, Roberta S. Karmel Sep 1998

Outsider Trading On Confidential Information: A Breech In Search Of A Duty, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


The Heyman Center's Roundtable On Insider Trading: Law, Policy, And Theory After O'Hagan, Lawrence A. Cunningham Sep 1998

The Heyman Center's Roundtable On Insider Trading: Law, Policy, And Theory After O'Hagan, Lawrence A. Cunningham

Cardozo Law Review

No abstract provided.


Transcript Of The Roundtable On Insider Trading: Law, Policy, And Theory After O'Hagan Sep 1998

Transcript Of The Roundtable On Insider Trading: Law, Policy, And Theory After O'Hagan

Cardozo Law Review

No abstract provided.


Transcript Of The Roundtable On Insider Trading: Law, Policy And Theory After O'Hagan, Roberta S. Karmel Sep 1998

Transcript Of The Roundtable On Insider Trading: Law, Policy And Theory After O'Hagan, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


A Critique Of The Misappropriation Theory Of Insider Trading, David M. Brodsky, Daniel J. Kramer Sep 1998

A Critique Of The Misappropriation Theory Of Insider Trading, David M. Brodsky, Daniel J. Kramer

Cardozo Law Review

No abstract provided.


Outsider Trading On Confidential Information - A Breach In Search Of A Duty, Roberta S. Karmel Sep 1998

Outsider Trading On Confidential Information - A Breach In Search Of A Duty, Roberta S. Karmel

Cardozo Law Review

No abstract provided.


International Diversity In Securities Regulation: Roadblocks On The Way To Convergence, Amir N. Licht Sep 1998

International Diversity In Securities Regulation: Roadblocks On The Way To Convergence, Amir N. Licht

Cardozo Law Review

No abstract provided.


The Inexorable March Toward A Continuous Disclosure Requirement For Publicly Traded Corporations: "Are We There Yet?", Dale Arthur Oesterle Sep 1998

The Inexorable March Toward A Continuous Disclosure Requirement For Publicly Traded Corporations: "Are We There Yet?", Dale Arthur Oesterle

Cardozo Law Review

No abstract provided.


Development Of Securitised Debt Markets In Emerging Countries, Lakshman Alles Jul 1998

Development Of Securitised Debt Markets In Emerging Countries, Lakshman Alles

IIMB Management Review

Liberalisation has seen many economies, especially in Asia, opening their hitherto sheltered domestic markets to global competition and providing greater opportunities to trade and foreign investment. The spinoffs of liberalisation bring in new implications, opportunities and challenges for the governments as well as the organisations involved. Round Table features some of the issues discussed in the conference on 'Managing Economic Liberalisation in South Asia : Directions for the 21st Century' held in Chennai, India, from August 10 -13. Selvarajah examines the realignment of economies towards globalisation as a development of regionalism. The shift in economic forces away from multilateral arrangements …


Scholarly Restraints? Aba Accreditation And Legal Education, George B. Shepherd, William G. Shepherd Jul 1998

Scholarly Restraints? Aba Accreditation And Legal Education, George B. Shepherd, William G. Shepherd

Cardozo Law Review

This Article provides an economic and legal analysis of the American Bar Association's system for accrediting law schools. For decades, the ABA has administered the system as, in economic effect, a cartel of law school faculty members. The ABA has exerted monopoly power not only over the market for legal training, but also over three related markets: the market for the hiring of law faculty, the market for legal services, and each university's internal market for funding. Despite the selfless service of many in the system, the system has created large harms, but few benefits. Existing law faculty have gained …


Modern Partnership Interests As Securities: The Effect Of Rupa, Rulpa, And Llp Statutes On Investment Contract Analysis, James B. Porter Jun 1998

Modern Partnership Interests As Securities: The Effect Of Rupa, Rulpa, And Llp Statutes On Investment Contract Analysis, James B. Porter

Washington and Lee Law Review

No abstract provided.


United States V. O'Hagan: Recognition Of The Misappropriation Theory, Brian W. Morgan May 1998

United States V. O'Hagan: Recognition Of The Misappropriation Theory, Brian W. Morgan

Brigham Young University Journal of Public Law

No abstract provided.


Securities Fraud Or Mere Puffery: Refinement Of The Corporate Puffery Defense, R. Gregory Roussel May 1998

Securities Fraud Or Mere Puffery: Refinement Of The Corporate Puffery Defense, R. Gregory Roussel

Vanderbilt Law Review

A corporation's use of forward-looking corporate statements' is a common, arguably essential, element of the landscape of modern financial markets. Unfortunately, the failure to meet the expectations created by forward-looking statements often serves as the basis for a potentially devastating private action for securities fraud. Before Congress responded to frivolous private securities fraud class actions with the Private Securities Litigation Reform Act of 1995, ("Reform Act") the judiciary took it upon itself to provide relief to burdened corporations. In doing so, the courts focused on the materiality of the corporation's statements, an essential building block in the plaintiffs construction of …


The Body As Commodity: The Use Of Markets To Cure The Organ Deficit, David E. Jefferies Apr 1998

The Body As Commodity: The Use Of Markets To Cure The Organ Deficit, David E. Jefferies

Indiana Journal of Global Legal Studies

No abstract provided.


Insider Trading And Family Values, Judith G. Greenberg Apr 1998

Insider Trading And Family Values, Judith G. Greenberg

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Legal Developments In The Electronic Securities Markets: Online Trading Systems And The Use Of Websites For Offshore Internet Offers, David A. Westbrook, Brandon Becker, Lyle Roberts Apr 1998

Legal Developments In The Electronic Securities Markets: Online Trading Systems And The Use Of Websites For Offshore Internet Offers, David A. Westbrook, Brandon Becker, Lyle Roberts

Contributions to Books

Published as Chapter 22 in Securities Law & The Internet 1998: Doing Business In a Rapidly Changing Marketplace, Stephen J. Schulte, Michelle C. Wallach & Brandon Becker, eds.


The Rotten Foundations Of Securitization, David Gray Carlson Apr 1998

The Rotten Foundations Of Securitization, David Gray Carlson

William & Mary Law Review

No abstract provided.


From Horse Trading To Insider Trading: The Historical Antecedents Of The Insider Trading Debate, Paula J. Dalley Apr 1998

From Horse Trading To Insider Trading: The Historical Antecedents Of The Insider Trading Debate, Paula J. Dalley

William & Mary Law Review

No abstract provided.


Taking Another Look At The Regulation Of Mutual Funds In The Aftermath Of The Asian Financial Crisis, Thomas Krider Mar 1998

Taking Another Look At The Regulation Of Mutual Funds In The Aftermath Of The Asian Financial Crisis, Thomas Krider

Washington International Law Journal

This Comment analyzes the 1997 financial crisis in Asia and its effect on U.S. mutual fund investors. The crisis was most acute in, and this Comment focuses on, the countries of Thailand, Indonesia and South Korea. The lack of transparency in these countries led to substantial losses for U.S. investors whose money was in nontransparent organizations through their ownership of mutual funds. The International Monetary Fund responded to the Asian crisis with aid packages intended to prevent the insolvency of those countries in financial trouble. As part of the IMF's program, one of the primary requirements for receiving aid is …


There Should Be No Reliance In The "Blue Sky", David O. Blood Mar 1998

There Should Be No Reliance In The "Blue Sky", David O. Blood

BYU Law Review

No abstract provided.


Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas Feb 1998

Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas

Michigan Law Review

Labor unions are active again - but this time as capitalists. The potential strength of union pension funds has long been noted, but until recently unions have held their stock passively or invested in union-friendly companies. In the 1990s, however, unions have become the most aggressive of all institutional shareholders. In most cases, it is hard to find a socialist or proletarian plot in what unions are doing with their shares. Rather, labor activism is a model for any large institutional investor attempting to maximize return on capital. Unions, union pension funds, individual union members, and labor-oriented investment funds are …


Rights And Remedies Of Shareholders In Closely Held Corporations Under Illinois Law, The, William R. Quinlan, John F. Kennedy Jan 1998

Rights And Remedies Of Shareholders In Closely Held Corporations Under Illinois Law, The, William R. Quinlan, John F. Kennedy

Loyola University Chicago Law Journal

No abstract provided.


Bridging The "Trade Secret" Gap: Protecting "Confidential Information" Not Rising To The Level Of Trade Secrets, Robert Unikel Jan 1998

Bridging The "Trade Secret" Gap: Protecting "Confidential Information" Not Rising To The Level Of Trade Secrets, Robert Unikel

Loyola University Chicago Law Journal

No abstract provided.


Wall Street? Where We're Going We Don't Need Wall Street: Do Securities Regulators Stand A Chance In Cyberspace?, Neil D. Schwartz Jan 1998

Wall Street? Where We're Going We Don't Need Wall Street: Do Securities Regulators Stand A Chance In Cyberspace?, Neil D. Schwartz

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel Jan 1998

Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Securities Arbitration: A Clinical Experiment, Constantine N. Katsoris Jan 1998

Securities Arbitration: A Clinical Experiment, Constantine N. Katsoris

Fordham Urban Law Journal

This Article discusses the use of non-attorneys in representing such clients, as well as pro se representation by such claimants. It then describes the efforts of the Securities and Exchange Commission ("SEC") to ensure that such claimants have access to adequate and effective representation through the use of law school clinics. Finally, this Article raises numerous issues that must be considered before establishing such clinics, and concludes that proper planning and adjustment is necessary for a successful clinical program.


Notary Bonds And Insurance: Increasing The Protection For Consumers And Notaries, 31 J. Marshall L. Rev. 839 (1998), Michael J. Osty Jan 1998

Notary Bonds And Insurance: Increasing The Protection For Consumers And Notaries, 31 J. Marshall L. Rev. 839 (1998), Michael J. Osty

UIC Law Review

No abstract provided.


Regulation S And Offshore Capital: Will The New Amendments Rid The Safe Harbor Of Pirates?, Jon B. Jordan Jan 1998

Regulation S And Offshore Capital: Will The New Amendments Rid The Safe Harbor Of Pirates?, Jon B. Jordan

Northwestern Journal of International Law & Business

This article will explain how the securities laws were prior to Regulation S as they applied to the offshore offer and sale of securities. The regulation as originally adopted and the brand new safe harbors it brought to the laws governing offshore offers and sales will also be explored. Then the subsequent regulatory abuses and concerns in the marketplace surrounding the regulation and the Commission's response to these issues will be discussed. The amendments to Regulation S which eventually served as the Commission's way of halting these problems and the changes they brought to the regulation will be laid out. …


Should Labor Be Allowed To Make Shareholder Proposals?, Randall S. Thomas, Kenneth J. Martin Jan 1998

Should Labor Be Allowed To Make Shareholder Proposals?, Randall S. Thomas, Kenneth J. Martin

Washington Law Review

In this Article, we investigate whether labor unions and related entities should be permitted to continue to make shareholder proposals using Rule 14a-8 of the federal securities laws. We focus on the claim that labor is using the shareholder proposal mechanism to further the interests of workers at the expense of other shareholders. In particular, corporate management groups have suggested that when labor is involved in collective bargaining negotiations with management, it should be barred from submitting shareholder proposals because labor proposals seek to further interests not shared by other security holders of the company. Using data on shareholder proposals …