Archive for the 'Volume 89-2' Category
The U.S. Supreme Court’s recent decision in Morrison v. National Australia Bank has substantially shortened the reach of the anti-fraud provisions of the securities laws. Before Morrison, the courts utilized the conduct and effects tests to determine whether § 10(b) of the Securities Exchange Act of 1934 applied. Under those tests, the statute reached [...]
Categories: Commentaries In Print, In Print, Volume 89, Volume 89-2 | Posted: February 3, 2012
Phillip Alpert was seventeen years old when his then-sixteen-year-old girlfriend sent him nude photos. A year later at age eighteen, during a breakup, Alpert made an error in judgment. He went online and forwarded the pictures to his girlfriend’s email contact list. He was arrested and charged with seventy-two offenses, including lewd [...]
Categories: In Print, Notes, Volume 89, Volume 89-2 | Posted: February 3, 2012
Taxation of “carried interest” has been the subject of much recent scholarship. Articles have discussed the unfairness of taxing carried interest differently than other compensation for services, and addressed the dangers inherent in subjecting an intrinsically mobile tax base to rates higher than those presently applied to carried interest by the Internal Revenue [...]
Categories: In Print, Notes, Volume 89, Volume 89-2 | Posted: February 3, 2012
(Editor’s Note)
In 2006, the fast food chain Burger King began airing a television advertisement for its new Texas Double Whopper, titled “Manthem.” The commercial featured a musical number, complete with elaborate choreography and intricate stunt work, sung to the tune of Helen Reddy’s classic song “I am Woman.” In the original version of the song, [...]
Categories: Articles, In Print, Volume 89, Volume 89-2 | Posted: February 3, 2012
The meltdown of America’s investment banking industry in 2008 (disappearing into commercial banks via government-induced mergers or morphing into bank holding companies with access to the Federal Reserve’s credit window) precipitated the federal bailout that created such angst in the American populace through the 2010 elections and beyond. Senate hearings in April 2010 painted [...]
Categories: Articles, In Print, Volume 89, Volume 89-2 | Posted: February 3, 2012
This Article develops a construct of judges as gatekeepers in corporate and securities litigation, focusing on the last period—or settlement stage—of the cases. Many accounts of corporate scandals have focused on gatekeepers and the roles they played or, in some cases, abdicated. Corporate gatekeepers, like investment bankers, accountants, and lawyers, function as enablers and monitors. [...]
Categories: Articles, In Print, Volume 89, Volume 89-2 | Posted: February 3, 2012
