Discussions that pair the terms rules and boundaries, while not entirely common in the published literature, take a variety of forms. Rules and boundaries are sometimes presented as synonyms. Rules exist to govern boundaries. When, moreover, rules are enforced, we discover that rules enforcement entails elastically defined boundaries.
The boundaries of the "in connection with" requirement of Rule 10b-5: Should advertising be actionable as securities fraud? (misrepresentation in purchase or sale of a security) Francesca Muratori. Business Lawyer, May 2001 v56 i3 p1057. (http://web6.infotrac.galegroup.com/itw/infomark/375/26/17175644w6/purl=rc1_ITOF_0_A75609342&dyn=5!xrn_8_0_A75609342?sw_aep=oswego) Describes the difficult boundary conditions in the "in connection with" rule in the securities and exchange commissions rule 10b-5, which provides for remedies where there has been fraud, deception, or manipulation in conjunction with a securities sale/purchase. A nice exemplar of boundaries in action.
"Freedom of Speech and Press: Exceptions to the First Amendment", a Congressional Research Service report by CRS analyst Henry Cohen, provides an interesting view of the boundary conditions surrounding the first amendment: http://www.fas.org/irp/crs/95-815.pdf
| -- Last edited September 18, 2015 |
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