61 research outputs found
Deficiencies of the Restitutionary Right to Trace Miappropriated Property in Equity and in UCC 9-306
Early Observations on the Prosecutions of the Business Scandals of 2002-2003: On Sideshow Prosecutions, Spitzer's Clash With Donaldson Over Turf, the Choice of Civil or Criminal Actions, and the Tough Tactic of Coerced Cooperation
Includes Addendu
Regulation NMS: Has the SEC Exceeded its Congressional Mandate to Facilitate a “National Market System” in Securities Trading?
The SEC is currently holding hearings on sweeping changes to the micro-structure of the country\u27s securities trading markets - modifying the trade through rule, for example. Professor Oesterle argues that the SEC should not be in the business of so structuring the country\u27s securities markets in the first place. In the piece he chronicles the SEC\u27s expansive interpretation of its power under Congress\u27s 1975 National Market System Amendments to the 1934 Securities and Exchange Act and questions whether Congress intended to grant the SEC such a mandate
Target Managers as Negotiating Agents for Target Shareholders in Tender Offers: A Reply to the Passivity Thesis
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