Abstract

http://ssrn.com/abstract=1271912
 
 

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Securities Fraud and the Common Law


Norman S. Poser


Brooklyn Law School

September, 22 2008

Journal of Securities and Futures Law, Vol. 1, No. 2, p. 3, Summer 2008
Brooklyn Law School, Legal Studies Paper No. 118

Abstract:     
In early cases, the federal courts held that securities fraud was not limited to common law fraud when a broader reading was deemed necessary to protect investors. But now the courts are holding that securities fraud is narrower than common law fraud, and that it is not the role of the courts to imply private rights of action. The author gives an overview of the cases, beginning in the 1940's, and concludes that, with a few exceptions, on balance the investor has been the loser.

Number of Pages in PDF File: 19

Keywords: securities fraud,common law,implied right,private right

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Date posted: September 23, 2008  

Suggested Citation

Poser, Norman S., Securities Fraud and the Common Law (September, 22 2008). Journal of Securities and Futures Law, Vol. 1, No. 2, p. 3, Summer 2008; Brooklyn Law School, Legal Studies Paper No. 118. Available at SSRN: http://ssrn.com/abstract=1271912

Contact Information

Norman S. Poser (Contact Author)
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States
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