英文摘要 |
This article examines the Morrison decision and its impact on the principle of res judicata in securities fraud litigation. The discussion first provides background into the Morrison decision perse, after which it explores res judicata with an emphasis on the applicability of this common-law principle to litigation in the area of securities trading. The analysis reveals that the economic landscape had changed so thoroughly in terms of global trade and transnational integration since the advent of the conduct test and effects test in jurisdictional decisions to address the Securities Exchange Act that profound adjustments were indeed in order. Morrison appears to establish the beginning of further adjustments to come. Given these observations, while the amendment to the Dodd-Frank Act to reverse Morrison specifically for the goal of enforcement by federal agencies evidently restored the original intent of the Congress in legislating the Securities Exchange Act, it may have the effect of rigidifying judicial procedure in a way that is contrary to current needs and likely future developments. The article concludes with a discussion of implications for future securities adjudication. |