Topic
Securities Regulation
Posts
-
ArticleVol. 91 · Iss. 5
Noise Reduction: The Screening Value of Qui Tam
Whistle-blowing mechanisms have long been recognized and used as tools to encourage the revelation of hidden information. The information sought is often evidence of…
Anthony J. Casey & Anthony Niblett -
ArticleVol. 97 · Iss. 5
Negative Activism
Shareholder activism has become one of the most important and widely studied topics in law and finance. To date, popular and academic accounts have…
Barbara A. Bliss, Peter Molk & Frank Partnoy -
ArticleVol. 97 · Iss. 4
Fiduciary Blind Spot: The Failure of Institutional Investors to Prevent the Illegitimate Use of Working Americans’ Savings for Corporate Political Spending
For decades, American workers have been subjected to increasing pressure to become forced capitalists, in the sense that to provide for retirement for themselves,…
Leo E. Strine Jr. -
CommentaryVol. 97 · Iss. 2
Exploiting Pre-Existing Beliefs
Advertisements and product labels for a wide range of consumer and investment products have highlighted product characteristics that some people erroneously believe make them…
Ahmed E. Taha -
ArticleVol. 98 · Iss. 6
A Response to Calls for SEC-Mandated ESG Disclosure
This Article responds to recent proposals calling for the SEC to adopt a mandatory ESG-disclosure framework. It illustrates how the breadth and vagueness of these proposals…
Amanda M. Rose -
ArticleVol. 98 · Iss. 6
Whistleblowers: Implications for Corporate Governance
Whistleblowers are not among the actors who populate academic accounts of corporate governance. Nor are whistleblowers visible in formal governance frameworks consisting of legal…
Deborah A. DeMott -
NoteVol. 90 · Iss. 4
Tossing the Red Flag: Official (Judicial) Review and Shareholder-Fan Activism in the Context of Publicly Traded Sports Teams
For some, it comes after their team squanders away a fourth quarter lead in the playoffs, engages in a hasty trade, or makes an…
Zachary A. Greenberg -
ArticleVol. 90 · Iss. 3
Lies Without Liars? Janus Capital and Conservative Securities Jurisprudence
In Janus Capital Group, Inc. v. First Derivative Traders, the Supreme Court held that even if a mutual fund advisory firm had caused a…
Donald C. Langevoort -
ArticleVol. 90 · Iss. 3
The Trouble with Basic: Price Distortion after Halliburton
Many commentators credit the Supreme Court’s decision in Basic, Inc. v. Levinson, which allowed courts to presume reliance rather than requiring individualized proof, with…
Jill E. Fisch -
ArticleVol. 90 · Iss. 1
License to Deal: Mandatory Approval of Complex Financial Products
“There is definitely going to be another financial crisis around the corner because we haven’t solved any of the things that caused the previous…
Saule T. Omarova -
ArticleVol. 89 · Iss. 3
Marginalizing Risk
A major focus of finance is reducing risk on investments, a goal commonly achieved by dispersing the risk among numerous investors. Sometimes, however, risk…
Steven L. Schwarcz -
CommentaryVol. 89 · Iss. 2
Amputating the Long Arm of the Law: An Analysis of the U.S. Supreme Court’s Decision in Morrison and Why § 10(B) Still Reaches Issuers of ADRs
This Article reviews the conduct and effects tests and the Supreme Court‘s decision in Morrison. It then addresses the new transactional rule‘s impact on…
Paul B. Maslo