The International Reach of Rule 10b-5: The Myth of Congressional Silence.
| Autor: | Sachs, Margaret V. |
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| Zdroj: | Columbia Journal of Transnational Law; 1990, Vol. 28 Issue 2, p677-721, 45p |
| Abstrakt: | The article challenges the conventional wisdom that in adjudicating the international reach of rule 10b-5 courts begin with a blank legislative slate. It begins with the identification of three propositions underlying current rule 10b-5 case law such as the 1933 and 1934 Acts that say nothing about the international reach of rule 10b-5. It then demonstrates the falsity of the propositions set forth in the international reach of rule 10b-5 with a brief discussion of the principle that only the U.S. Congress chosen beneficiaries can maintain implied actions. It argues that the statutory beneficiaries of the 1993 and 1994 Acts are domestic traders, regardless of whether their securities are domestic or foreign in origin. |
| Databáze: | Complementary Index |
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