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Freedom of Contract and the Securities Laws

2002
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Release : 2002
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Book Synopsis Freedom of Contract and the Securities Laws by : Elaine A. Welle

Download or read book Freedom of Contract and the Securities Laws written by Elaine A. Welle. This book was released on 2002. Available in PDF, EPUB and Kindle. Book excerpt: This article considers whether parties should be permitted to waive coverage of the securities laws. Several securities law scholars have called for selective securities law deregulation. The article examines these proposals from both theoretical and practical perspectives. The thesis of this article is that the reform initiatives present more than a choice of rules over standards, certainty over flexibility, and law over facts--they present a choice of values. The article also challenges the premise that bright-line rules, such as opting out by entity type or waiver, promote fairness, equity, equality, predictability, efficiency, and utility better than the current regulatory regime. Finally the article questions whether we should permit parties to waive their rights and bargain away their statutory protections. Particularly, since the reform initiatives would result in the adoption of industry-protective terms that indivdual investors would have little or no power to change.

The Fall and Rise of Freedom of Contract

1999-08-27 Law
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Release : 1999-08-27
Genre : Law
Kind : eBook
Book Rating : 129/5 ( reviews)

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Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley. This book was released on 1999-08-27. Available in PDF, EPUB and Kindle. Book excerpt: Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

Advanced Introduction to U.S. Federal Securities Law

2022-05-13 Law
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Release : 2022-05-13
Genre : Law
Kind : eBook
Book Rating : 256/5 ( reviews)

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Book Synopsis Advanced Introduction to U.S. Federal Securities Law by : Hazen, Thomas L.

Download or read book Advanced Introduction to U.S. Federal Securities Law written by Hazen, Thomas L.. This book was released on 2022-05-13. Available in PDF, EPUB and Kindle. Book excerpt: Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts.

US Securities Laws and Foreign Private Issuers

2007-01-01 Business enterprises, Foreign
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Release : 2007-01-01
Genre : Business enterprises, Foreign
Kind : eBook
Book Rating : 144/5 ( reviews)

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Book Synopsis US Securities Laws and Foreign Private Issuers by :

Download or read book US Securities Laws and Foreign Private Issuers written by . This book was released on 2007-01-01. Available in PDF, EPUB and Kindle. Book excerpt: Aims to dispel myths surrounding SEC regulation and to provide useful explanations about what a foreign issuer needs to know about making offers in the US. This book contains chapters that address the key areas of US regulation.

The First Amendment and the Business Corporation

2015 Law
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Release : 2015
Genre : Law
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Book Rating : 672/5 ( reviews)

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Book Synopsis The First Amendment and the Business Corporation by : Ronald J. Colombo

Download or read book The First Amendment and the Business Corporation written by Ronald J. Colombo. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: The role of the business corporation in modern society is a controversial one. Some fear and object to corporate power and influence over governments and culture. Others embrace the corporation as a counterweight to the State and as a vehicle to advance important private objectives. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, which enshrines the fundamental rights of freedom to speech, religion, and association. The extent to which a corporation can avail itself of these rights goes a long way in defining the corporation's role. Those who fear the corporation wish to see these rights restricted, while those who embrace it wish to see these rights recognized. The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.

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