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NRC Petition: Supplemental Filing 4 Exhibit 7 - Declaration of Steven J Castleman
Get PDFDeclaration of Steven J. Castleman in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief
NRC Petition: Supplemental Filing 4 Exhibit 4 - McLaughlin Declaration
Get PDFDeclaration of Kevin McLaughlin in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief
A New Era in the Application of U.S. Securities Law Abroad: Valuing the Presumption Against Extraterritoriality and Managing the Future with the Sustainable- Domestic-Integrity Standard
Get PDFThe U.S. Supreme Court in Morrison held that Section 10(b) of the Exchange Act did not apply extraterritorially, lacking a clear indication by Congress of the intent to do so. In reaching this conclusion, it clarified that the reach of Section 10(b) is a merits question, not a question of subject matter jurisdiction and stated that the focus of the statute was upon purchases and sales of securities in the United States while articulating a bright-line transactional test to determine whether extraterritorial application was appropriate. The transactional test completely rejected the conduct/effects tests, which had been used by courts for over four decades. It is now the location of transaction, not the location of the fraudulent conduct or its harmful effects, that supports a claim in post-Morrison cases.
One month later, Congress responded to Morrison and drafted Section 929P(b) of the Dodd-Frank Act, which aimed to codify the conduct/effects tests in proceedings brought by the SEC/ DOJ. The legislation was drafted in jurisdictional language, resulting in confusion over whether this enactment had any effect since Morrison concluded that courts already have jurisdiction over violations under the Exchange Act and that a clear indication by Congress of extraterritorial application was needed, none of which Dodd-Frank demonstrated.
The solution would be to amend the statute to include a clear indication of congressional intent to apply Section 10(b) extraterritorially. But even if congressional intent was clear, does the jurisdictional wording of 929P(b) render that intent meaningless? Absolutely. The intent has no effect since a jurisdictional statute can do no more than confer jurisdiction. It appears the solution would be not only to address the congressional intent but also to redraft the language of the statute to geographically reach the substance of the transaction. But what would we be left with? – the conduct/effects tests that have been urged as unpredictable, poorly formulated, arbitrary, and confusing. Thus, the optimal solution is a statutory amendment to 929P(b) that includes a clear indication and an alternative standard.
This study promotes a new approach, a reformulated standard for determining the extraterritoriality of U.S. federal securities laws: the sustainable-domestic-integrity standard. This standard will (1) substantively reach the antifraud provisions of the Exchange Act; (2) guide courts with a clear indication of congressional intent; (3) provide a private cause of action for U.S. claimants; and (4) vest the SEC/DOJ with the responsibility of initiating enforcement proceedings against any defendant (domestic or foreign) with conduct/effects in the United States for injury reasonable likely upon U.S. investors, U.S. capital markets, or the integrity of the territory of the United States. This approach serves to preserve international comity and promote global cooperation in securities regulation
UGED: Creating a Culture of Engagement
Get PDFAs the second largest employer in the City of Dell and fourth largest employer in the Circuit Area, the University of Greater Expedia, Dell (UGED) has recently focused a considerable amount of its energy and resources to create a more satisfying and attractive working environment for its 24,000 employees (Circus, 2018). More specifically, UGED has targeted increasing levels of staff engagement at all of its campuses and hospitals. This research addressed the present-day programs offered by UGED designed to invigorate employee engagement in its working community. It also focused on the human psyche and the influence members of management played on levels of employee staff engagement. The purpose of the study was to investigate, discover, analyze, examine and provide recommendations on current University resources which may be utilized to increase levels of staff engagement. It was a means to add to more information to the collective body of knowledge surrounding the topic of staff engagement. More importantly, the study helped to address the needs of the masses and not just a specific class of individuals. The review of literature for this course of study analyzed multiple authoritative publications, news articles, case studies, and written reports surrounding the topics of wellness initiatives, professional development programs, the human psyche, and human capital management. In this study, quantitative and qualitative data was collected, examined, and evaluated
Military Transitioning: Assessing the Effectiveness of U.S. Coast Guard Transition Assistance Program
Get PDFThousands of servicemembers separate from the military each year. The U.S. Government is committed to ensuring they are prepared for a successful transition into civilian life through mandated Transition Assistance Programs (TAP). While this topic has often been studied for Department of Defense (DoD) veterans, little research is available specific to U.S. Coast Guard (USCG) veterans. Existing career transition research for civilians and DoD veterans will inform the basis of this proposed study. Using a mixed method of quantitative sampling of USCG retirees and qualitative sampling of Career Transition Specialists, this study seeks to fill some of the research gap by obtaining USCG-specific data to determine which USCG TAP services are the most effective in preparing USCG retirees for civilian employment. There are significant implications (including policy applications) from understanding which TAP services effectively lead to successful employment outcomes for USCG retirees
Pulling Back the Curtain: Implicit Bias in the Law School Dean Search Process
Get PDFThis Article stems from the author’s experience chairing multiple dean searches and research interest in the existence, genesis, and effects of implicit bias. Part II of this Article will review the role of a law school dean, with special consideration of the ways the Great Recession and its outcomes transformed the role of the dean. Part III will describe the typical dean search process and evaluate decanal diversity statistics to determine which candidates are selected for these powerful roles in today’s law schools. Part IV will introduce the concept of implicit bias, specifically focusing on ingroup favoritism. This part will also analyze the ways implicit bias can manifest itself in the dean search process, focusing on racial, gender, socioeconomic, and sexual orientation biases. Finally, Part V will suggest recommendations to minimize the operation and impact of implicit bias on the part of dean search committees, and will offer creative ways to improve the traditional dean search process
February 1, 2019 - Panel 3: Branding in the Fashion Industry
Get PDFJulie Zerbo, Founder & Editor-in-Chief, The Fashion Law (moderator) Megan Bannigan, Counsel, Debevoise & Plimpton Laura Chapman, Partner, SheppardMullin Pamela Weinstock, Volunteers of Legal Service Pier Luigi Roncaglia, Managing Partner, Spheriens Avvocat
Legal Scholarship for the Urban Core From the Ground Up
No full textAuthor of chapter 7: Legal Education, Democracy, and the Urban Core.
The problems of entrenched poverty and economic underdevelopment in American urban cores involve multiple overlapping challenges that have stymied consistent and long-term progress for many decades. Although inadequate and misguided laws are not solely responsible for this state of affairs, good laws - and good lawyering - can contribute enormously to overcoming the challenges of the urban cores. By showcasing a range of scholarly analyses, covering a broad spectrum of legal issues and methodologies, this book demonstrates how law and lawyers can and do respond to the challenges of the urban cores. It provides paths forward at the local level in the face of federal political paralysis and inattention and lays a foundation for new paradigms and new approaches to intransigent problems. Modeling engaged legal scholarship as a pragmatic response to contemporary challenges, this book is for anyone concerned about the current state of American urban cores.https://digitalcommons.law.ggu.edu/book_chapters/1036/thumbnail.jp
Perennial Beauty #16
No full texthttps://digitalcommons.law.ggu.edu/perennial_beauty/1017/thumbnail.jp