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2 Aug 2022, 9:01 pm
”[19] Rio Tinto thus presented the question whether Lorenzo abrogated Lentell.[20] The Second Circuit held that Lentell “remains vital” post-Lorenzo.[21] The Second Circuit explained that adopting the SEC’s expansive view of Lorenzo would eliminate the distinctions between Rule 10b-5(a) and (c) on the one hand and Rule 10b-5(b) on the other, and would “undermine two key features of Rule 10b-5(b). [read post]
2 Aug 2022, 6:30 am
”[6]Those competing visions reflexively drive the interpretive approaches that dictate which history and which traditions to adopt—in Dobbs, a supermajority adopted an originalism that somehow excluded the history of slavery and its ongoing consequences, as well as the Constitution’s Reconstruction Amendments meant to address it, as Professor Michelle Goodwin has powerfully pointed out.[7]And both sides reveal competing accounts of the otherwise agreed-upon common… [read post]
28 Jul 2022, 9:05 pm
Notably, in light of the widespread adoption by large companies of shareholder special meeting rights, the proposals submitted in 2022 focused on changes to existing special meeting rights, most often seeking to lower the applicable stock ownership threshold and/or eliminate any minimum holding period for satisfying that threshold. [read post]
27 Jul 2022, 10:35 am
*This is the seventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. [read post]
25 Jul 2022, 8:50 am
” Petrella, 572 U.S. at 670 n.4. [read post]
20 Jul 2022, 10:43 am
Chiusa v. [read post]
19 Jul 2022, 2:59 pm
In the following guest post, the authors revisit the question of whether or not securities class action lawsuits against development-stage biotech companies are likelier to survive a motion to dismiss compared to securities suits against other kinds of companies. [read post]
17 Jul 2022, 6:00 am
Justice Black and the Living Constitution: [I]n a dynamic society the Bill of Rights must keep changing in its application or lose even its original meaning. [read post]
13 Jul 2022, 9:36 am
Trucking Ass’n, because it largely ignored the significance of the FTC Act’s detailed adjudicative framework. [read post]
11 Jul 2022, 6:00 pm
For example, the chiefs of police can and should still require that applicants for a concealed carry license "[b]e qualified to use the firearm in a safe manner," "[n]ot be prohibited under section 134-7 from the ownership or possession of a firearm," and "[n]ot have been adjudged insane or not appear to be mentally deranged. [read post]
6 Jul 2022, 2:15 pm
Rev. 739, 759-62 (1999); Norman B. [read post]
6 Jul 2022, 1:17 pm
Ass’n Int’l v. [read post]
6 Jul 2022, 7:02 am
(b) Allowing a copper mine to take over one of the most sacred sites of a religion? [read post]
5 Jul 2022, 2:47 pm
[On Monday, June 27, Concurrences hosted a conference on the Rulemaking Authority of the Federal Trade Commission. [read post]
5 Jul 2022, 10:55 am
That recommendation was never adopted. [read post]
3 Jul 2022, 3:06 pm
Section 1225(b)(2)(A) of the INA states that "[i]n the case of an alien . . . who is arriving on land… from a foreign territory contiguous to the United States, the Attorney General may return the alien to that territory pending a proceeding under section 1229a of this title. [read post]
30 Jun 2022, 6:45 am
The N-word was used four times. [read post]
28 Jun 2022, 5:40 pm
§ 3205(c)(3)(B)3. [8] 8 C.C.R. [read post]
28 Jun 2022, 5:58 am
L. 107–347, §208(b), is one mechanism for ensuring, at least in certain contexts, that the U.S. [read post]
27 Jun 2022, 9:05 pm
Although the legislative history is sparse, the change in 1970 to 5 percent was apparently triggered by the practice of prospective tender offerors of acquiring 9+ percent before then launching their bid. [2] A 10 percent position is even less of a control threat today than in 1968 both because of the domination of institutional ownership and because of the poison pill, possessed in shadow form by all companies even if not formally adopted. [read post]
