1,720,997 research outputs found

    The concept of insider dealing

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    This essay offers background considerations on insider dealing. The goal is to take a broad view of the evolution of the phenomenon and the legal discourse surrounding it, rather than dwelling in the technicalities. This requires adopting an historical perspective and comparing and contrasting different regulatory approaches (in the interest of brevity, the focus is on the US and Europe, which offer a good proxy for most existing regulatory models). The economic and ethical basis invoked to support— or criticize— the prohibition are then briefly discussed. Finally, a few open questions or regulatory challenges that might be relevant in the next few years are considered

    Article 10: Unlawful disclosure of inside information

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    The comment addresses the main issues raised by Article 10. Both insider trading and the unlawful disclosure of inside information are prohibited by Article 14, even if the discipline of the two types of misconduct unveils significant differences. While the prohibition of insider trading is absolute, the transmission to third parties of inside information is sometimes necessary and, thus, legitimate without impairing the effectiveness of the equal access of information prin¬ciple. In order to understand Article 10, cases of legitimate and illegitimate transmission of inside information from primary or secondary insiders must be carefully distinguished. Within the overall pic¬ture of a strongly market- oriented discipline, unlawful disclosure of inside information not only reduces insider trading opportunities, but aims to impose a duty of confidentiality for all persons possessing inside information

    Article 10: Unlawful disclosure of inside information

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    While the prohibition of insider trading is absolute, the transmission to third parties of inside information is sometimes necessary and, thus, legitimate without impairing the effectiveness of the equal access of information principle (Section B). In order to understand Article 10, cases of legitimate and illegitimate transmission of inside information from primary or secondary insiders must be carefully distinguished (Section C). Within the overall picture of a strongly market-oriented discipline, unlawful disclosure of inside information not only reduces insider trading opportunities, but aims to impose a duty of confidentiality for all persons possessing inside information (Section D)

    Criminal sanctions

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    The 2014 Directive on criminal sanctions for market abuse (i.e. insider dealing, unlawful disclosure of inside information and market manipulation) constitutes the EU response to a big threat for the integrity of the financial markets. The measures at hand reflect not only the constant evolution in the field, but they are unprecedented too, since only recently the EU has become entitled to enact rules imposing the obligation on Member States to criminalise certain misconduct. There are, nevertheless, some controversial issues, both in terms of criminal policy options at a supranational level and about the actual harmonization of domestic criminal law among so many different legal systems

    Article 7: Inside information

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    Il lavoro esamina la nozione di informazione privilegiata di cui all'art. 7 del Regolamento europeo in materia di abusi di mercato

    Corporations: a comparative perspective

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    This book discusses corporate law topics from a comparative perspective. It contains cases, statutes, analysis and readings, the majority of which are from foreign jurisdictions. It also has extensive notes and questions. The focus is primarily on the U.S., U.K., major European continental civil law systems (France, Germany, Italy) and European Union law, and Japan; with references to other jurisdictions such as China, India and Brazil

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    Variations on the Author

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    “Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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