Securities Law

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 […]

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 fide motive evidencing scienter. But currently, no single judicial standard or analytical rubric guides the […]

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 the case. [The court’s] inquiry must cease if the statutory language is unambiguous and the […]

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 that it will direct money to injured investors whenever possible, but has not articulated clear […]

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, Respondent sent, via certified mail, a notice of delinquency to Petitioner’s property. The notice indicated […]

Julia Patterson Forrester, Still Crazy After All These Years: The Absolute Assignment Of Rents In Mortgage Loan Transactions

59 Fla. L. Rev. 487 (2007) | | | | ABSTRACT :: This Article explores the problems caused by the absolute assignment of rents in mortgage loan transactions, which have continued for more than a century, and discusses possible solutions. Rents are a significant part of the security for loans secured by income-producing properties such […]