U.S. Supreme Court provides what is considered material in TSC Industries v. Northway Inc . The court held that a company must disclose information if “[t]here is a substantial like likelihood that a reasonable investor would have found the omitted information important or that the missing facts would have altered the ‘total mix’ of information available to the investor.” Thus, a matter i
Ⅰ. 국가행위이론
1. 의의
국가가 주권자 자격으로 자국내에서 행한 행위에 대하여 외국법원이 그 행위의 유효 무효를 심리해서는 아니 된다는 이론으로 타국의 행위에 대한 판단을 사법부가 아닌 행정부에 맡기려는 입장이다.
국가행위이론은 미국법에서 형성된 것으로 주로 국유화와 관련되는
complained of-the injury has to be “fairly ... trace[able] to the challenged action of the defendant, and not ... th[e] result [of] the independent action of some third party not before the court.”
It must be “likely,” as opposed to merely “speculative,” that the injury will be “redressed by a favorable decision.”
Lujan v. Defenders of Wildlife 504 U.S.(1992) at 560~61
strikes
Social Security Act (1935)
An attempt to limit what were
seen as dangers in the modern
American life (old age, poverty,
unemployment, and the burdens
of widows and fatherless children)
“This (JRB37) was a thinly veiled attempt to change the decisions of the Court by adding new members who were supporters of the New Deal and threatened the integrity of the Court.”
Additional Information on Environmental Analysis.
Political & Legal Environment
The Democratic Party is one of two major political parties in the U.S. along with the Republican Party. The party’s social liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party believes that government should play a role in alleviating poverty and social injus