Current Issue

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…