THE CIRCUIT
CURRENT CONTENT

In re Sanders and the Resurrection of Stanley v. Illinois

16 Nov 2014 01:40pm Josh Gupta-Kagan 

Subsequent History Omitted

04 Nov 2014 01:21pm Joel Heller 

Progressive Property Moving Forward

04 Nov 2014 01:20pm Timothy M. Mulvaney 

In response to Ezra Rosser's article, The Ambition and Transformative Potential of Progressive Property, 101 Calif. L. Rev. 107 (2013), Timothy Mulvaney expresses more confidence than does Rosser in property's potential to serve a role in furthering a progressive society. If property is to serve in this role, however, Mulvaney suggests it is important to redesign and reinterpret property in accordance with three themes-transparency about property rules' value-dependence,humility about the reach of human knowledge and the mutability of our normative positions, and a concern for the socioeconomic identities of those affected by resource disputes-that underlie a broader set of writings than Rosser considers within the contours of "progressive property scholarship" and on which he offers some very preliminary impressions.    

When is a Belief or Opinion False?: Indiana State District Council v. Omnicare and the Contested § 11 Pleading Standard

03 Nov 2014 12:00am Alexander Coley 

This Note analyzes an important question in securities law relating to the pleading standard under § 11 of the Securities Act of 1933. Last year, in Indiana State District Council v. Omnicare, the Sixth Circuit departed from several sister circuits by holding that a securities plaintiff need not allege that a belief or opinion was subjectively false to state a § 11 claim. The circuit split that emerged has attracted significant attention due to its implications for buyers and sellers in the capital markets, ultimately provoking the Supreme Court to grant certiorari to resolve the conflict. In advance of the Supreme Court's review, the Note argues that both doctrine and policy militate against the Sixth Circuit's approach.    

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