Home -> Law Blog Directory -> Academic Blogs -> Conglomerate
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: ConglomerateMorrison v. NAB: Congressional intent
By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring
I'm still digesting the transcripts, but didn't want to let the day end without a big congratulations to Maggie Sachs, whose argument on Congressional intent regarding the extraterritorial application of the antifraud provisions was raised by Justice Breyer. Maggie made that argument in a 1990 article entitled The International Reach of Rule 10b-5: The Myth of Congressional Silence, at 28 Colum. J. Transnat'l L. 677. In that piece, she concluded that "Congress ... chose to protect only those investors whose trades occur inside the United States ... regardless of whether the securities traded are domestic or foreign." As she noted at the time, the argument challenged what remains the conventional wisdom on Congress' intent, which was that Congress had not spoken to the question of cross-border application.
More tomorrow.
Full post as published by Conglomerate on March 29, 2010 (boomark / email).
Personal Injury
Appeals Court Upholds Congressional Legislation

Morrison Supermarket Fights Cartel Allegations
Law Professors File Amici Brief on Behalf of Respondents in Morrison
Specter on Judicial Scrutiny of Congressional Fact-Finding (and VRA Reauthorization)
No criminal charges for Paul Morrison
What more do you need to know about Paul Morrison and Linda Carter







