Browsing Law School by Author "Rose, Amanda M."

Now showing items 1-14 of 14

    • Better Bounty Hunting 
      Rose, Amanda M. (Northwestern University Law Review, 2014)
      The SEC’s new whistleblower bounty program has provoked significant controversy. That controversy has centered on the failure of the implementing rules to make internal reporting through corporate compliance departments a ...
    • Calculating SEC Whistleblower Awards: A Theoretical Approach 
      Rose, Amanda M. (Vanderbilt Law Review, 2019)
      The Dodd-Frank Act provides that SEC whistleblower awards must equal not less than 10 and not more than 30 percent of the monetary penalties collected in the action to which they relate; SEC Rule 21F-6 provides criteria ...
    • Classaction.gov 
      Rose, Amanda M. (2021)
      This Essay proposes the creation of a federally run class action website and supporting administration (collectively, Classaction.gov) that would both operate a comprehensive research database on class actions and assume ...
    • Cutting Class Action Agency Costs: Lessons from the Public Company 
      Rose, Amanda M. (University of California at Davis Law Review, 2020)
      The agency relationship between class counsel and class members in Rule 23(b)(3) class actions is similar to that between executives and shareholders in U.S. public companies. This similarity has often been noted in class ...
    • Form vs. Function in Rule 10B-5 Class Actions 
      Rose, Amanda M. (Duke Journal of Constitutional Law & Public Policy, 2015)
      The Supreme Court’s widely anticipated decision last term in Halliburton Co. v. Erica P. John Fund, Inc.1 did little to change the fundamental landscape of securities fraud litigation in the United States. Rule 10b-52 class ...
    • Fraud on the Market: An Action Without a Cause 
      Rose, Amanda M. (University of Pennsylvania Law Review, 2011)
      This is a response to William W. Bratton & Michael L. Wachter, The Political Economy of Fraud on the Market, 160 U. PA. L. REV. 69 (2011). Bratton and Wachter argue that fraud-on-the-market class actions (FOTM) should be ...
    • Intraportfolio Litigation 
      Rose, Amanda M.; Squire, Richard (Northwestern University Law Review, 2011)
      The modern trend is for investors to diversify. Shareholders who own one S&P 500 firm tend to own many of the others as well. This trend casts doubt on the traditional compensation and deterrence rationales for legal rules ...
    • The Multienforcer Approach to Securities Fraud Deterrence: A Critical Analysis 
      Rose, Amanda M. (University of Pennsylvania Law Review, 2010)
      Participants in the U.S. capital markets can be sued for securities fraud by a mishmash of enforcers, including the SEC, class action plaintiffs, and state regulators. Does this multi-enforcer approach make sense from a ...
    • Policing Public Companies: An Empirical Examination of the Enforcement Landscape and the Role Played by State Securities Regulators 
      Rose, Amanda M.; LeBlanc, Larry J.; Rose (Florida Law Review, 2013)
      Multiple different securities law enforcers can pursue U.S. public companies for the same misconduct. These enforcers include a variety of federal agencies, class action attorneys, and derivative litigation attorneys, as ...
    • The Reasonable Investor of Federal Securities Law 
      Rose, Amanda M. (The Journal of Corporation Law, 2017)
      Federal securities law defines the materiality of corporate disclosures by reference to the views of a hypothetical “reasonable investor.” For decades the reasonable investor standard has been a flashpoint for debate — ...
    • Reforming Securities Litigation Reform: Restructuring the Relationship Between Public and Private Enforcement of Rule 10B-5 
      Rose, Amanda M. (Columbia Law Review, 2008)
      Commentators have long debated how to reform the controversial Rule 1Ob-5 class action without pausing to ask whether the game is worth the candle. Is private enforcement of Rule lOb-5 worth preserving, or might we be ...
    • The Regulation of Sovereign Wealth Funds: The Virtues of Going Slow 
      Rose, Amanda M.; Epstein, Richard Allen, 1943- (University of Chicago Law Review, 2009)
      Any symposium on private-equity firms and the going private phenomenon would be incomplete without discussion of Sovereign Wealth Funds (SWFs). These government owned investment vehicles have and will continue to play an ...
    • A Response to Calls for SEC-Mandated ESG Disclosure 
      Rose, Amanda M. (Washington University Law Review, 2021)
      This Article responds to recent proposals calling for the SEC to adopt a mandatory ESG-disclosure framework. It illustrates how the breadth and vagueness of these proposals obscures the important-and controversial- policy ...
    • State Enforcement of National Policy: A Contextual Approach (with Evidence from the Securities Realm) 
      Rose, Amanda M. (Minnesota Law Review, 2013)
      This Article addresses a topic of contemporary public policy significance: the optimal allocation of law enforcement authority in our federalist system. Proponents of “competitive federalism” have long argued that assigning ...