Scheme Liability Federal Securities Fraud And John Waynes I Pod PDF Download
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Author | : Robert A. Prentice |
Publisher | : |
Total Pages | : 0 |
Release | : 2008 |
Genre | : |
ISBN | : |
Download Scheme Liability, Federal Securities Fraud, and John Wayne's I-Pod Book in PDF, ePub and Kindle
The Supreme Court held in Central Bank that if Congress had wanted to include an aiding and abetting form of secondary liability in Section 10(b of the 1934 Securities Exchange Act), it would have done so. Strictly construed, this is a defensible holding. After Central Bank, defrauded investors have been forced to (a) argue for a broad view of primary liability, and (b) assert "scheme liability" claims under subsections (a) and (c) of Rule 10b-5. Most lower courts have rejected both these approaches and thereby excused from liability many parties, particularly investment banks, that knowingly participated in issuers' securities fraud. This article initially demonstrates that Congress did not include an aiding and abetting provision as a form of secondary liability under Section 10(b) because it necessarily expected "aiding" or "aiding and abetting" of securities fraud to constitute a primary violation of Section 10(b) with or without any explicit mention in the statute. In 1934, the common law of fraud and virtually every statutory antecedent of Section 10(b) imposed liability upon those who "participated" in fraud. The law of intentional torts in 1934 made virtually no distinction between primary and secondary liability. Aiding and abetting as a form of secondary activity in the field of securities fraud was invented by the lower federal courts in 1966. It became meaningful only after 1994 when lower courts began applying Central Bank's reasoning in a narrow way. Lower courts have been able to justify their narrow interpretation of Central Bank's holding only by committing the anachronistic error of assuming that the law of deceit was the same in 1934 as in 1994. The Supreme Court has often warned against the making of such anachronistic errors. This article then demonstrates the unquestionable validity of "scheme liability" under subsections (a) and (c) of Rule 10b-5. The lower courts that have rejected scheme liability have misread Central Bank, ignored the plain language of both Section 10(b) and Rule 10b-5, and committed a host of other mistakes.
Author | : Louis Loss |
Publisher | : |
Total Pages | : 76 |
Release | : 1983 |
Genre | : Government publications |
ISBN | : |
Download "Fraud" and Civil Liability Under the Federal Securities Laws Book in PDF, ePub and Kindle
Author | : Antonin Scalia |
Publisher | : West Publishing Company |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Judicial process |
ISBN | : 9780314275554 |
Download Reading Law Book in PDF, ePub and Kindle
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Author | : Marc J. Dollinger |
Publisher | : |
Total Pages | : 0 |
Release | : 2003 |
Genre | : Entrepreneurship |
ISBN | : 9780130909954 |
Download Entrepreneurship Book in PDF, ePub and Kindle
For junior/senior/graduate-level courses in Entrepreneurship, New Venture Creation, and Small Business Strategy. Based on the premise that entrepreneurship can be studied systematically, this text offers a comprehensive presentation of the best current theory and practice. It takes a resource-based point-of-view, showing how to acquire and use resources and assets for competitive advantage. FOCUS ON THE NEW ECONOMY * NEW-Use of the Internet-Integrated throughout with special treatment in Ch. 6. * Demonstrates to students how the new economy still follows many of the rigorous rules of economics, and gives them examples of business-to-business and business-to-customer firms so that they can build better business models. * NEW-2 added chapters on e-entrepreneurship-Covers value pricing; market segmentation; lock-in; protection of intellectual property; and network externalities. * Examines the new economy and the types of resources, capabilities, and strategies that are needed for success in the Internet world. * Resource-based theory-Introduced in Ch. 2 and revisited in each subsequent chapter to help tie concepts together. * Presents an overarching framework, and helps students focu
Author | : Kenneth C. Laudon |
Publisher | : Pearson Educación |
Total Pages | : 618 |
Release | : 2004 |
Genre | : Business & Economics |
ISBN | : 9789702605287 |
Download Management Information Systems Book in PDF, ePub and Kindle
Management Information Systems provides comprehensive and integrative coverage of essential new technologies, information system applications, and their impact on business models and managerial decision-making in an exciting and interactive manner. The twelfth edition focuses on the major changes that have been made in information technology over the past two years, and includes new opening, closing, and Interactive Session cases.
Author | : Berin Szoka |
Publisher | : TechFreedom |
Total Pages | : 578 |
Release | : 2011-06-10 |
Genre | : Computers |
ISBN | : 0983820600 |
Download The Next Digital Decade Book in PDF, ePub and Kindle
Author | : Leslie Turner |
Publisher | : John Wiley & Sons |
Total Pages | : 592 |
Release | : 2020-01-02 |
Genre | : Business & Economics |
ISBN | : 1119577837 |
Download Accounting Information Systems Book in PDF, ePub and Kindle
Accounting Information Systems provides a comprehensive knowledgebase of the systems that generate, evaluate, summarize, and report accounting information. Balancing technical concepts and student comprehension, this textbook introduces only the most-necessary technology in a clear and accessible style. The text focuses on business processes and accounting and IT controls, and includes discussion of relevant aspects of ethics and corporate governance. Relatable real-world examples and abundant end-of-chapter resources reinforce Accounting Information Systems (AIS) concepts and their use in day-to-day operation. Now in its fourth edition, this popular textbook explains IT controls using the AICPA Trust Services Principles framework—a comprehensive yet easy-to-understand framework of IT controls—and allows for incorporating hands-on learning to complement theoretical concepts. A full set of pedagogical features enables students to easily comprehend the material, understand data flow diagrams and document flowcharts, discuss case studies and examples, and successfully answer end-of-chapter questions. The book’s focus on ease of use, and its straightforward presentation of business processes and related controls, make it an ideal primary text for business or accounting students in AIS courses.
Author | : Jessica Litman |
Publisher | : Prometheus Books |
Total Pages | : 216 |
Release | : |
Genre | : Law |
ISBN | : 161592051X |
Download Digital Copyright Book in PDF, ePub and Kindle
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Author | : U.S. Services Administration |
Publisher | : GPO FCIC |
Total Pages | : 176 |
Release | : 2010 |
Genre | : |
ISBN | : 9781612210001 |
Download Consumer Action Handbook, 2010 Edition Book in PDF, ePub and Kindle
Use this guide to get help with consumer purchases, problems and complaints. Find consumer contacts at hundreds of companies and trade associations; local, state, and federal government agencies; national consumer organizations; and more.
Author | : Steven Waldman |
Publisher | : DIANE Publishing |
Total Pages | : 478 |
Release | : 2011-09 |
Genre | : Technology & Engineering |
ISBN | : 1437987265 |
Download Information Needs of Communities Book in PDF, ePub and Kindle
In 2009, a bipartisan Knight Commission found that while the broadband age is enabling an info. and commun. renaissance, local communities in particular are being unevenly served with critical info. about local issues. Soon after the Knight Commission delivered its findings, the FCC initiated a working group to identify crosscurrent and trend, and make recommendations on how the info. needs of communities can be met in a broadband world. This report by the FCC Working Group on the Info. Needs of Communities addresses the rapidly changing media landscape in a broadband age. Contents: Media Landscape; The Policy and Regulatory Landscape; Recommendations. Charts and tables. This is a print on demand report.