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Article
Publication date: 21 November 2008

Caryn Jacobs, Jeffrey M. Strauss, John J. Tharp and Katherine Agonis

The purpose of this paper is to survey the landscape of recent federal securities class actions filed in state court and explore arguments for removal of those cases to federal…

Abstract

Purpose

The purpose of this paper is to survey the landscape of recent federal securities class actions filed in state court and explore arguments for removal of those cases to federal courts under the Securities Litigation Reform Act (SLUSA) or the Class Action Fairness Act (CAFA).

Design/methodology/approach

The paper discusses: US Congressional legislation designed to bring the bulk of securities class actions back into federal courts, including the Private Securities Litigation Reform Act (PSLRA) and SLUSA; CAFA, another law designed to redirect class action litigation away from state courts; recent cases that have tested the limits of SLUSA and CAFA for removal from state to federal courts; and arguments for removal under SLUSA and CAFA.

Findings

Legislative history for both SLUSA and CAFA suggests that these statutes should be read as evidence of Congressional intent to return most securities class actions to federal court. Nonetheless, plaintiffs have continued to devise legal schemes to litigate class actions in what they perceive to be friendlier forums in state courts.

Originality/value

Although the arguments discussed in this paper are not exhaustive, they are a starting point for defendants seeking removal once litigation arises.

Details

Journal of Investment Compliance, vol. 9 no. 4
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 21 November 2008

Caryn Jacobs, Jeffrey M. Strauss, John J. Tharp and Katherine Agonis

The purpose of this paper is to examine the impact the US Supreme Court's Tellabs decision has had on Section 10 (b) cases generally and on cases related to subprime…

Abstract

Purpose

The purpose of this paper is to examine the impact the US Supreme Court's Tellabs decision has had on Section 10 (b) cases generally and on cases related to subprime mortgage‐backed securities.

Design/methodology/approach

The paper provides background including provisions of Section 10(b) of the Securities Exchange Act of 1934 and the Private Securities Litigation Reform Act (PSLRA) of 1995. Analyzes the decision in Tellabs, Inc. v. Makor Issue & Rights, Ltd, recent decisions since Tellabs by the the Second, Seventh, and Ninth Circuits, and decisions in two recent subprime securities cases in which defendants moved to dismiss pursuant to Tellabs; and draws preliminary conclusions from cases that have applied Tellabs so far.

Findings

The PSLRA raised the bar for pleading scienter by requiring a “strong inference”, but the courts of appeals have differed in applying the standard. The Tellabs decision asserted that the PSLRA requires consideration of competing inferences in determination of whether scienter is adequately pleaded. The Supreme Court's “prescription” said the inference of scienter must be more than merely “reasonable” or “permissible”; it must seem to a reasonable person to be at least as cogent and compelling as any opposing inference. One lesson of Tellabs and the Seventh Circuit's decision on remand is that the “plausibility” of scienter allegations requires a fact‐specific inquiry. The Ninth Circuit court found that “deliberate recklessness” is sufficient to allege scienter. In one of the subprime cases, In re 2007 Novastar Financial, Inc., a district court found that a deterioration of a company's business was not evidence of wrongdoing. It is difficult – and premature – to draw firm conclusions from cases that have applied Tellabs so far, but requiring courts to consider competing inferences, requiring the pleadings in question to satisfy more “adjectives”, and requiring the “weighing” of inferences at the pleadings stage would all appear to help defendants. However, Tellabs could help plaintiffs by reversing previous practice in which a “tie” between competing inferences automatically resulted in a victory for the defendant.

Originality/value

The paper offers practical guidance by experienced securities lawyers.

Details

Journal of Investment Compliance, vol. 9 no. 4
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 1 March 2010

Ana M. Serrano

This paper focuses on how one Student Teacher (ST) shifted his planning from teacher activities to student learning during a semester-long student-teaching practicum course in…

Abstract

This paper focuses on how one Student Teacher (ST) shifted his planning from teacher activities to student learning during a semester-long student-teaching practicum course in social studies. The study of this shift provides a glimpse of the enormity of the ST’s task and the ways in which he responds to the complexity of the work. Data include: lesson plans, providing a written record of activities, and classroom discourse. Analyses of the data rendered three areas relevant to the shift, including: 1) evidence of initiation-response-evaluation [IRE] script as a default script before the shift, 2) evidence of a shift to planning for student learning, and 3) evidence of movement away from the IRE to increasingly open-ended questioning. Preliminary evidence indicates increments that appear inconsequential taken individually, combine to present a picture of an incipient, developmental shift by the ST from planning for teacher activities to planning for student learning.

Details

Social Studies Research and Practice, vol. 5 no. 1
Type: Research Article
ISSN: 1933-5415

Keywords

Abstract

Details

The Handbook of Road Safety Measures
Type: Book
ISBN: 978-1-84855-250-0

Content available
Article
Publication date: 1 October 2005

Ted Buswick and Harvey Seifter

1002

Abstract

Details

Journal of Business Strategy, vol. 26 no. 5
Type: Research Article
ISSN: 0275-6668

Book part
Publication date: 13 August 2018

Robert L. Dipboye

Abstract

Details

The Emerald Review of Industrial and Organizational Psychology
Type: Book
ISBN: 978-1-78743-786-9

Abstract

Details

Black Mixed-Race Men
Type: Book
ISBN: 978-1-78756-531-9

Abstract

Details

Rape Myths: Understanding, Assessing, and Preventing
Type: Book
ISBN: 978-1-80071-153-2

Article
Publication date: 2 August 2011

Richard K. Fleischman, David Oldroyd and Thomas N. Tyson

The aim of this paper is to focus on the transition from slavery to wage workers in the American South and British West Indies, and the corresponding nature of the reporting and…

1798

Abstract

Purpose

The aim of this paper is to focus on the transition from slavery to wage workers in the American South and British West Indies, and the corresponding nature of the reporting and control procedures that were established in both venues, in order to create a disciplined workforce, and establish regular relations between employees and employers. It seeks to explain the differences in labour control practices between the two regions and to discuss the impact on these practices of accounting and other quantitative techniques c.1760-1870. In particular, it aims to consider the central role played by government in the process.

Design/methodology/approach

The study forms part of an archival research project, in which the authors have consulted archives in four Southern States (Alabama, Louisiana, Mississippi, and North Carolina), three Caribbean island nations, formerly British colonies (Antigua, Barbados, and Jamaica), and record repositories the length and breadth of Great Britain. The records of the Freedmen ' s Bureau (FB), located in the National Archives, Washington, DC, have been likewise visited. These primary sources have been supported by the extensive secondary literature on slavery and its aftermath.

Findings

In the USA, accounting for labour in the transition from slavery was typically ad hoc and inconsistent, whereas in the BWI it was more organised, detailed, and displayed greater uniformity – both within and across colonies. The role of the British Colonial Office (BCO) was crucial here. A range of economic and political factors are advanced to explain the differences between the two locations. The paper highlights the limitations of accounting controls and economic incentives in disciplining labour without the presence of physical coercion in situations where there is a refusal on the part of the workers to cooperate.

Originality/value

There is a relatively small volume of secondary literature comparing US and BWI slavery and its legacy. Likewise, the accounting implications of labour-control practices, during the transition from slavery to freedom, are largely understudied. The research also points to a need to assess the decision-influencing capabilities of management accounting systems in other transitional labour settings.

Details

Accounting, Auditing & Accountability Journal, vol. 24 no. 6
Type: Research Article
ISSN: 0951-3574

Keywords

Book part
Publication date: 10 July 2014

To explain how cumulative efforts contribute to learning and literacy development.

Abstract

Purpose

To explain how cumulative efforts contribute to learning and literacy development.

Design/methodology/approach

A representation of how efforts lead to lasting growth is discussed through a variety of historical and current perspectives across content disciplines. This chapter includes depictions of how positive experiences can promote further success and recognizing one’s cumulative efforts and the effects from those are fundamental to educational attainment.

Findings

The value one places on tasks such as reading or writing is often aligned to the frequency with which those events occur. Students view their time and effort as capital; they are students’ most valued possessions, and how they allocate these commodities is a choice.

Practical implications

For students to become avid readers and writers, we must utilize a host of strategies to impress the notion that these activities are worth their attention, time, and investment.

Details

Theoretical Models of Learning and Literacy Development
Type: Book
ISBN: 978-1-78350-821-1

Keywords

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