38 Pages Posted: 1 Nov 2008
This Article argues that the Court should not have rejected an overarching economic realities approach to the scope of the federal securities laws. By viewing the developing standards under the famous Howey test as a movement toward a global standard for identifying "securities" rather than simply the subpart "investment contracts," the Court could have allowed for a more coherent doctrinal development.
Suggested Citation: Suggested Citation
Branson, Douglas M. and Okamoto, Karl S., The Supreme Court's Literalism and the Definition of 'Security' in the State Courts. Washington and Lee Law Review, Vol. 50, No. 3, 1993; Drexel College of Law Research Paper No. 2009-A-02. Available at SSRN: https://ssrn.com/abstract=1023641