Securities Law

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 to compensate for the loss in market value of wrongfully affected property. This Article seeks […]

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 a firearm to a convicted felon should not receive additional punishment for abusing a position […]

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 to avert harm to their corporate client, its own shareholders, and-possibly-the capital markets? While acknowledging […]

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 effect. In countries where bribery is perceived to be relatively common, the present enforcement regime […]

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 consequentially, the economic crisis that ensued when the bubble burst. It is true that the […]

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 investment entities -in which historically only super-rich investors could have an interest -have recently had […]