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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
Brent J. Horton, In Defence of Private-Label Mortgage-Backed Securities
61 Fla. L. Rev. 827 (2009) | | | | ABSTRACT :: The House Financial Services Committee recently concluded that lack of regulation of private-label mortgage-backed securities (MBS) is to blame for the unsustainable housing bubble that peaked in mid-2006-and … Continue reading
Dustin G. Hall, The Elephant in the Room: Dangers of Hedge Funds in our Financial Markets
60 Fla. L. Rev. 183 (2008) | | | | INTRODUCTION :: Hedge funds are our modern titans of industry, and like their predecessors they now represent the best and the worst of the new global economy. These minimally regulated … Continue reading
Posted in Securities Law, Uncategorized
Tagged European Exchange Rate Mechanism, Financial Markets, fohfs, funds of hedge funds, global economics, Goldstein v. SEC, Hall, hedge Funds, insider trading, Long-Term Capital Management, LTCM, Malaysian Prime Minister, regulatory stances, SEC, Securities and Exchange Commission, Soros Fund Management LLc
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Ann Morales Olazábal & Patricia Sanchez Abril, In Honor Of Walter O. Weyrauch: The Ubiquity of Greed: A Contextual Model for Analysis of Scienter?
60 Fla. L. Rev. 401 (2008) | | | | ABSTRACT :: Some securities fraud plaintiffs contend that greed-in the form of perpetuating a prestigious executive position, ensuring a gainful bonus, or maintaining the appearance of corporate profitability-is a bona … Continue reading
Posted in Business & Corporate Law, Fraud, Securities Law, Uncategorized
Tagged Abil, Gordon Gekko, Greed, Motive and opportunity, Olazabal, Private Securities Litigation Reform Act, PSLRA, Scienter, Strong inference, Thomas Aquinas, Ubiquity of Greed
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Lindsay Roshkind, Interpreting I.R.C. § 67(e): The Supreme Court’s Attempt to Nail Investment Advisory Fees to the “Floor”
60 Fla. L. Rev. 961 (2008) | | | | TEXT :: In the process of statutory interpretation, a court must determine “whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute in … Continue reading
Posted in Estates & Trusts Law, Governments and Legislation, Securities Law, Uncategorized
Tagged 63, 67(e), Advisory Fees, fiduciary duty, I.R.C., institutional investment management, Internal Revenue Code, internal revenue service, IRS, Nail Investment, Roshkind, tax deficiency, trust
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Verity Winship, Fair Funds and the SEC’s Compensation of Injured Investors
60 Fla. L. Rev. 1103 (2008) | | | | ABSTRACT :: The Fair Fund provision of Sarbanes-Oxley allows the SEC to distribute money penalties to injured investors, heralding a new compensatory role for the agency. The SEC has announced … Continue reading
Dustin G. Hall, Constitutional Law: What to Do When a State Fails to Take Notice that its Notice has Failed?
59 Fla. L. Rev. 453 (2007) | | | | TEXT :: After Petitioner paid off his mortgage, his annual property taxes went unpaid. Respondent, Commissioner of State Lands, subsequently certified Petitioner’s property as delinquent. Under the applicable state statute, … Continue reading
Posted in Constitutional Law, Criminal Law, Criminal Procedure, Estates & Trusts Law, Property Law, Securities Law, Uncategorized
Tagged Civil Procedure, constitutional law, Creditors, debt collection, Due Process, fourteenth Amendment, Hall, Inefficient Notice, Interested parties, Mennonite Board of Missions v. Adams, Mortgagee, Mullane, Mullane v. Central Hannover Bank & Trust Co., State Notice, state's interest, Summary Judgment
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