In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its prior decision in Basic Inc. v. Levinson. The Court reasoned that adherence to Basic was warranted by principles of stare decisis that operate with “special force” in the context of statutory interpretation. This Article offers an alternative justification for adhering to Basic—the collaboration between the Court and Congress that has led to the development of the private class action for federal securities fraud. The Article characterizes this collaboration as a lawmaking partnership and argues that such a partnership offers distinctive lawmaking advantages. Halliburton II offered a compelling illustration of the lawmaking partnership, as Co...
Securities fraud class actions are big business for lawyers. Since 1996, nearly 4,000 suits have bee...
In Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II), the United States Supreme Court rea...
The ongoing Great Recession has triggered numerous proposals to improve the regulation of financial ...
In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its pri...
On March 5, 2014, the Supreme Court heard argument in one of the most important securities law cases...
Recent federal court decisions have struggled to apply the Supreme Court\u27s decision in Central Ba...
The passage of the Private Securities Litigation Reform Act of 1995 has engendered a significant for...
The Supreme Court has addressed the perplexing labyrinth of securities fraud since the enactment of ...
This Article examines Congress’s decades-long attempt to ensure that securities class action lawsuit...
This commentary previews the upcoming Supreme Court case Erica P. John Fund, Inc. v. Halliburton Co....
This Article examines Supreme Court jurisprudence since 1997 under the federal securities laws in li...
I begin in Part II by explaining the wrong turn that the Court took in Basic. The Basic Court misund...
The operative language of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 limits...
Concerned by the overwhelming presence of vexatious federal securities-fraud class actions, Congress...
This comment lays out a framework that should allow corporations to strategically defend themselves ...
Securities fraud class actions are big business for lawyers. Since 1996, nearly 4,000 suits have bee...
In Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II), the United States Supreme Court rea...
The ongoing Great Recession has triggered numerous proposals to improve the regulation of financial ...
In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its pri...
On March 5, 2014, the Supreme Court heard argument in one of the most important securities law cases...
Recent federal court decisions have struggled to apply the Supreme Court\u27s decision in Central Ba...
The passage of the Private Securities Litigation Reform Act of 1995 has engendered a significant for...
The Supreme Court has addressed the perplexing labyrinth of securities fraud since the enactment of ...
This Article examines Congress’s decades-long attempt to ensure that securities class action lawsuit...
This commentary previews the upcoming Supreme Court case Erica P. John Fund, Inc. v. Halliburton Co....
This Article examines Supreme Court jurisprudence since 1997 under the federal securities laws in li...
I begin in Part II by explaining the wrong turn that the Court took in Basic. The Basic Court misund...
The operative language of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 limits...
Concerned by the overwhelming presence of vexatious federal securities-fraud class actions, Congress...
This comment lays out a framework that should allow corporations to strategically defend themselves ...
Securities fraud class actions are big business for lawyers. Since 1996, nearly 4,000 suits have bee...
In Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II), the United States Supreme Court rea...
The ongoing Great Recession has triggered numerous proposals to improve the regulation of financial ...