This Symposium addresses recent changes in SEC regulation of mutual fund distribution and assess the consequences that may arise from these modifications.
In 1974, two Circuit Courts of Appeals refined a technique used to imply a private right of action on behalf of plaintiffs who were without express statutory remedies. The 1974 cases could eliminate much of the confusion under section 7 because they provide the means to explore fully the statutory and policy implications of a private right of action. This Article will examine the traditional private right rationales, the 1974…
This Article will examine the present law on the status of security holders’ rescission claims in bankruptcy and analyze the various proposals for limiting such claims and the advisability of accommodating the bankruptcy and securities laws.
It is not uncommon today for a single securities case to include several cross-claims or third-party claims for contribution. Yet the paucity of precedent in this area of federal securities law has given the courts little guidance for dealing with such claims. Courts cannot analogize to legal analysis of contribution claims in other federal actions; except for admiralty, no such body of law exists. Nor is there a unified state…
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