Volume 57, Issue 1

This Article provides an early assessment--both quantitative and qualitative--of the Roberts Court’s securities-law decisions. While the Roberts Court has continued to take an average of one to two securities-law cases…

Through two recent decisions, the Supreme Court has both reaffirmed and revised the so-called fraud-on-the-market presumption of reliance--the mechanism that allows securities-fraud class actions to go forward. Members of the…

This Essay analyzes the Supreme Court’s decision in Halliburton II. I argue that, although the opinion appears to do little other than establish a minor change in the class certification…

In their Articles, Professors Langevoort and Miller each address the problem of defining market efficiency for fraud-on-the-market purposes in the wake of Halliburton Co. v. Erica P. John Fund, Inc.…

Recent regulatory debates among legislators and legal scholars have centered on whether independent agencies should be subjected to a more rigorous cost–benefit analysis requirement than their current mandates, or alternatively,…

Cost–benefit analysis can be a valuable tool when deployed at the Securities and Exchange Commission’s discretion to improve its rulemaking process and the overall quality of SEC rules. However, when…

In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court’s decisions in Concepcion and American Express. These decisions permitted corporations…

In this Article, I imagine a post-class-action landscape for shareholder litigation. Projecting an environment in which both securities-fraud and transactional class actions are hobbled by procedural or substantive reforms--most likely…

Both praise and controversy surround director-adopted bylaws that affect shareholders’ litigation rights. Recent bylaws specify an exclusive forum for litigation of corporate governance claims, limit shareholder claims to resolution through…

When we dare to predict the future--knowing that our predictions will not be published for another year--we necessarily assume the risk that events in the real world will give our…