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The Eighth Annual James D. Hopkins Lecture:
Is Securities Arbitration Fair To Investors?
To Be Held At Pace Law SchoolWhite Plains,
NY— On February 12, 2004, Pace Law School will host the eighth
annual James D. Hopkins Lecture presented by Professor Barbara Black.
Professor Black’s lecture "Is Securities Arbitration Fair to
Investors?" will be held at Pace Law School in White Plains, with
a reception immediately following. The lecture will be held in the
lecture hall at the New York State Judicial Institute at Pace Law
School at 4:00 p.m. Admission to the lecture is free of charge and
open to the public.
After nearly two decades of debating the issue, participants in the
securities arbitration process have yet to reach consensus on what
constitutes a "fair forum" for the resolution of disputes
between investors and brokers. This ongoing debate over two opposing
paradigms of arbitration will be the subject of Professor Barbara
Black’s address when she delivers the Hopkins Lecture to an audience
of academic and legal professionals gathered in the Moot Court Room at
Pace Law School.
Professor Black, the James D. Hopkins Professor of Law at Pace,
will discuss securities arbitration in general and give particular
attention to the factors that make it so difficult for investors and
brokers to find common ground.
"Regulators, investors, and the securities industry as a whole
have struggled over this for twenty years, yet have been unable thus
far to reach agreement," says Professor Black. "What is not
often explicitly acknowledged is the existence of two competing models
of arbitration."
Arbitration is traditionally viewed as an informal process in which
strict application of procedure and legal precedent defer to
compromise and equity. The recent alternate model compares arbitration
to a judicial process where procedures approximating those found in
court and the application of defined standards of liability are
overriding components of fairness. Professor Black will describe the
ongoing efforts to reform the securities arbitration process and
attempt to evaluate the fairness of the current system from the
perspective of investors.
Professor Barbara Black teaches business law at Pace Law School.
She is the founder and co-director of the Securities Arbitration
Clinic at Pace. The clinic, believed to be the first of its kind,
represents small investors in their claims against brokers. She is
also co-director of the Pace Investor Rights Project. Prior to joining
the Law School faculty, Professor Black was associated with two law
firms: first with Kaye, Scholer, Fierman, Hays & Handler in New
York, then with Rogers and Wells in Washington D.C. Her article,
"Fraud on the Market," has been extensively cited, including
citations by both the majority and dissenting opinions in the Supreme
Court’s opinion on fraud on the market.
More
Information
Founded in 1976, Pace Law School is a New York Law School with a
suburban campus in White Plains, N.Y., 20 miles north of New York
City. Part of Pace University, the school offers the J.D. program for
full-time and part-time day and evening students. Its postgraduate
program includes the LL.M. and S.J.D. degrees in Environmental Law and
an LL.M. in Comparative Legal Studies. Pace has one of the nation's
top-rated Environmental Law programs and its Clinical Education
program also is nationally ranked, offering clinics in domestic
violence prosecution, environmental law, securities arbitration,
criminal justice and disability rights. www.law.pace.edu
Pace is a comprehensive, independent university with campuses in
New York City, Pleasantville and White Plains, NY and a Hudson Valley
Center at Stewart International Airport in New Windsor, NY. More than
14,000 students are enrolled in undergraduate, graduate, and
professional degree programs in the Dyson College of Arts and
Sciences, Lubin School of Business, School of Computer Science and
Information Systems, School of Education, Lienhard School of Nursing
and Pace Law School. www.pace.edu
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