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Current Issue
Jan. 2013, Vol. 65, No. 1
Articles
David Haddock, Tonja Jacobi, & Matthew Sag, League Structure &Stadium Rent Seeking— the Role of Antitrust Revisited
Steven J. Cleveland, Resurrecting Deference to the Securities and Exchange Commission: Mark Cuban Trading on Inside information
Janai S. Nelson, The First Amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
Sergio J. Campos, Erie as a Choice of Enforcement Defaults
Hanah Metchis Volokh, Constitutional Authority Statements in Congress
Sapna Kumar, The Accidental Agency?
Christian Turner, State Action Problems
Category Archives: Securities Law
Steven J. Cleveland, Resurrecting Deference to the Securities and Exchange Commission: Mark Cuban and Trading on Inside Information
By applying the Supreme Court‘s administrative law jurisprudence to the examination of the validity of Rule 10b5-2(b)(1)—a rule recently adopted by the Securities and Exchange Commission (Commission)—this Article fills a significant gap in the existing literature. To date, commentators have … Continue reading
Posted in Business & Corporate Law, Securities Law
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Stuart R. Cohn, The New Crowdfunding Registration Exemption: Good Idea, Bad Execution
Title III of the JOBS Act, signed by President Obama on April 5, 2012, sets forth a new exemption from federal and state securities registration for so-called “crowdfunding” promotions. Crowdfunding is an increasingly popular form of raising capital through broad-based … Continue reading
Posted in Securities Law
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Steven L. Schwarcz, Compensating Market Value Losses: Rethinking the Theory of Damages in a Market Economy
63 Fla. L. Rev. 1053 (2011)| | | ARTICLE :: The BP Deepwater Horizon oil spill and the Toyota car recalls have highlighted an important legal anomaly that has been overlooked by scholars: judicial inconsistency and confusion in ruling whether … Continue reading
Posted in Attorney Practice, Contract Law, Securities Law, Tort Law
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Adam Denver Griffin, The Federal Sentencing Guidelines’ Abuse of Trust Enhancement: An Argument for the Professional Discretion Approach
63 Fla. L. Rev. 457 (2011)| | | | INTRODUCTION :: In a national issue of first impression for the circuit courts, the Eleventh Circuit, in United States v. Louis, held that a federally licensed firearm dealer who knowingly sells … Continue reading
Posted in Attorney Practice, Criminal Law, Criminal Procedure, Liability Law, Securities Law
Tagged 1993 Amendment, Abuse of trust Enhancement, authority, circuit split, Discretion, Eleventh Circuit, enhancement, Environmental Protection Agency, EPA, federal Government, Federal Sentencing Guidelines, firearm dealers, Firearms, Griffin, Guidelines § 3B1.3, illegal firearm disbursement, licensed dealers, Professional Discretion Approach, Starnes, Third Circuit, U.S. Sentencing Commission, United States v. Louis
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Sung Hui Kim, Naked Self-Interest? Why the Legal Profession Resists Gatekeeping
63 Fla. L. Rev. 129 (2011)| | | | ABSTRACT :: This Article asks and answers the following question: why does the legal profession resist gatekeeping? Or, put another way, why do lawyers resist duties that require them to act … Continue reading
Posted in Attorney Practice, Evidence, Governments and Legislation, Securities Law, Tort Law, Uncategorized
Tagged attorney practice, corporate harm, economic self interest, gatekeeping, Kim, legal practice
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Andrew Brady Spalding, Unwitting Sanctions: Understanding Anti-Bribery Legislation as Economic Sanctions Against Emerging Markets
62 Fla. L. Rev. 351 (2010) | | | | ABSTRACT :: Although the purpose of international anti-bribery legislation, particularly the U.S. Foreign Corrupt Practices Act (FCPA), is to deter bribery, empirical evidence demonstrates a problematic collateral … Continue reading
Posted in Criminal Law, Criminal Procedure, Securities Law, Uncategorized
Tagged Africa, Anti-Bribery Legisltaion, Central Asia, Economic Sanctions, Emerging Markets, Empirical Evidence, FCPA, Latin America, Poverty Reduction, Sanctioning Effects, Spalding, U.S. Foreign Corrupt Practices Act, Unwitting Sanctions
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