"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Wednesday, October 22, 2008

SSRN Articles

Freeman, Rebecca Villa & Andrew Wicks, Note on Insider Trading
Abstract:
The action of insider trading is examined in its legal perspective, namely, as fraud. The proof of insider trading hinges on several factors, including the definition of nonpublic information, the action of an insider who is consciously trading or enabling others to trade on inside information, and the breach of fiduciary responsibility. The "test of scienter" requires the deliberate attempt to deceive, manipulate, or defraud. This note examines several court cases in relation to these factors.

Freeman & Bennett, The Exxon Valdez Oil Spill
Abstract:
This case requires students to assess Exxon's ethical responsibilities in the aftermath of the large-scale environmental disaster caused by one of its tankers running aground in Prince William Sound, Alaska. Through a detailed chronology of events and descriptions of the roles played by the various individuals involved in the accident, the case provides a forum for discussing to what extent a company can and should be involved in compensating for such a disaster.

The US Supreme Court Judgement in EXXON SHIPPING CO. ET AL. v. BAKER ET AL. can be found here

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