Mississippi College School of Law
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Insider Trading and Cryptoassets: The Waters Just Got Muddier
Get PDFThe absence of any clear guidance on when a digital asset is a security is a problem that has ramifications far beyond this article’s limited focus on our insider trading enforcement regime. Nevertheless, I have argued that the impending application of our insider trading laws to cryptoassets helps to illustrate why it is unfair and unjust to force market participants to wait much longer for a definitive answer to the question of when a digital asset is a security
Expanding Expropriation: The Subordination of Property Rights to Eminent Domain in St. Bernard Port, Harbor & Terminal District. v. Violet Dock Port, Inc. LLC
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A Taste of Justice: Shadowy? Privacy Rights (2), Con Law
No full textThis presentation discusses privacy rights under the Constitution. The prior privacy (1) video, pitched a number of hypotheticals to question the viewer as to whether certain individual situations implicate constitutional privacy rights. This presentation responds to those case hypotheticals, explaining the Court\u27s holdings. The Court has held that Privacy rights are there in the constitution…..But where? The Court said look at the 1st, 3rd, 4th, 9th and so on… privacy rights are in the shadows of those express (named) rights…in the penumbras
A Taste of Justice: Will the Court hear the Case-2? Limits on Judicial Review
No full textHere limitations on the Court\u27s power of Judicial Review are discussed. The power of judicial review is limited, to some degree, by the executive and by congress. However, the greatest limitation is found in Article 3 with the doctrines of justiciability which limits the Court\u27s review to actual cases and controversies, i.e. the case must be justiciable
A Taste of Justice: Current Constitutional Conflicts (5), Law Students’ Position Statements, 2020
No full textOur constitution says it is established for “We the People” and one of its goals is to establish justice. So, my series is designed to give you a taste of justice by inspiring your learning about our nation’s constitution. As indicated in Current Constitutional Conflicts (1), my students researched and wrote a Student Position Statement on a Current Constitutional Conflict. There are so many constitutional conflicts in 2020. This week was another lively and engaging week. My students presenting were very prepared, respectful and set an example of how we can engage on topics we disagree about with mutual respect. The topics they presented included: abortion protections, marriage equality and religious freedom clash, affirmative action, delaying Court appointments, and term limits for Justices. Watch the video to hear my summaries about my students\u27 positions and to learn from them about constitutional debates...Remember, it is all about the learning...and by learning about the Constitution...we become more enlightened, and we achieve justice...or...at least, a taste of justice
A Tale of Two Cities: Mark Cuban, David Einhorn, and the Ethics of Insider Trading Reform
Get PDFThe similarities between the insider trading stories of Mark Cuban and David Einhorn suggest that their circumstances are not uncommon, and the contrasting results also help to illustrate some significant differences between the common law fraud-based insider trading regime in the U.S. and the statutory parity-of-information regime in Europe. And, as Congress and the SEC continue to weigh the merits of reform in the U.S., the examples of Cuban and Einhorn are particularly instructive for the reasons to be developed in the remaining sections of this Article. First, as will be explained in Part II of this Article, contrasting the enforcement actions against Cuban and Einhorn throw into stark relief the lack of ex ante guidance under the U.S. regime for good-faith traders who must make real-time decisions for themselves and for those who are relying upon them to invest their money. The examples help to illustrate why the ethics of legal certainty, due process, and the principle of legality weigh in favor of following Europe in adopting a relatively clear statutory insider trading enforcement regime. Second, however, it will be argued in Part II of this Article that if statutory reform is needed in the U.S., the liability imposed upon Einhorn despite the fact that his conduct (as I will argue) was neither deceptive nor unfair, shows why adopting the Europe\u27s broad parity-of-information model would be a mistake
