Rethinking Janus: Preserving Primary-Participant Liability in SEC Antifraud Enforcement Actions

The Securities and Exchange Commission relies heavily on the securities laws’ antifraud provisions in fulfilling its role as watchdog of the U.S. securities markets. But the Supreme Court’s decision in Janus Capital Group, Inc. v. First Derivative Traders has frustrated the SEC’s efforts to keep fraud at bay. There the Court drastically narrowed the scope of actors who can qualify as primary participants in misrepresentations perpetrated in connection with the purchase or sale of securities under Rule 10b-5(b). This Note argues that Janus’s holding creates an incongruence in the SEC’s ability to enforce the securities laws’ misrepresentation provisions, with the SEC’s ability to prosecute misrepresentations now varying depending on the stage of securities dealings at which the misrepresentation occurred. This result runs counter to the SEC’s purpose in creating Rule 10b-5 and to Congress’s desire that the SEC enjoy broad authority to pursue fraudsters. This Note analyzes solutions for curing this incongruence, including the SEC’s recent bid for judicial deference to its interpretations of the relevant regulations and statutes

Central Florida High School Principals\u27 Perceptions Of The Florida School Indicators Report

The purpose of this study was to identify the perceptions that central Florida public high school principals had regarding the Florida School Indicators Report (FSIR) and its usefulness. The FSIR, published by the Florida Education, was designed to be a comprehensive, single source document for parents, lawmakers, and school administrators to compare key performance indicators to similar schools or districts state wide. It provided information on 74 different indicators of school or district performance. A total of 70 public high school principals from 13 central Florida school districts responded to a postal survey and provided their perceptions regarding the importance of indicators in the FSIR, how they used the FSIR at their schools, and what barriers they felt affected the ability of their administrative staffs to collect and analyze data on the FSIR indicators. Eighteen of the 70 principals participated in follow-up telephone interviews. Quantitative and qualitative analysis of the postal surveys and interviews revealed the principals perceived FSIR indicators related to Florida\u27s mandated Florida Comprehensive Assessment Test (FCAT) as the most important indictors in the FSIR. The indicators FCAT Results and FCAT Writes were ranked first and second respectively in priority by the participating principals. This finding demonstrated the importance that principals placed on the state\u27s high-stakes test. Other categories of FSIR indicators are were also ranked in the findings reported in this study, along with how the principals used the FSIR at their schools. The data collected from the postal survey revealed there was a statistically significant relationship between the priority principals assigned to the FSIR indicators and their ability to collect and analyze data related to them. In addition, survey data allowed development of multiple regression models that could be used to predict the priority principals assigned to several FSIR categories of indicators based on the ability to collect and analyze data. The study findings indicated that principals perceived lack of time for data analysis as the biggest barrier they faced when evaluating the FSIR indicators. After the lack of time, principals rated lack of administrator training in data analysis as the second biggest obstacle to using the FSIR. The findings indicated that principals felt the availability of data and technology were not significant barriers to their staff\u27s ability to conduct data analysis on the FSIR. The conclusions drawn from the study were that central Florida high school principals perceived the results on the state\u27s mandated Florida Comprehensive Assessment Test (FCAT) to be the most important indicators in the FSIR. In addition, the research identified that the lack of time was the single greatest barrier principals encountered when it came to collecting and analyzing data on the FSIR. A lack of training programs in data collection and analysis for administrators was also noted in the findings

The Template of Events for Applied and Critical Healthcare Simulation (TEACH Sim): A Tool for Systematic Simulation Scenario Design

Simulation-based training (SBT) affords practice opportunities for improving the quality of clinicians’ technical and nontechnical skills. However, the development of practice scenarios is a process plagued by a set of challenges that must be addressed for the full learning potential of SBT to be realized. Scenario templates are useful tools for assisting with SBT and navigating its inherent challenges. This article describes existing SBT templates, explores considerations in choosing an appropriate template, and introduces the Template of Events for Applied and Critical Healthcare Simulation (TEACH Sim) as a tool for facilitating the formation of practice scenarios in accordance with an established evidence-based simulation design methodology. TEACH Sim’s unique contributions are situated within the landscape of previously existing templates, and each of its component sections is explained in detail