Article:
Barbara Bader Aldave, “Neither Unusual nor Unfortunate”: The Overlap of Rule 10b-5 with the Express Liability Provisions of the Securities Acts, 60 Texas L. Rev. 719 (1982).
 

Abstract:
In this article, the author examines the scope of section 10(b) of the Securities Exchange Act of 1934 and associated rule 10b-5. Specifically, she asks whether rule 10b-5 can provide any remedy for misconduct that could be the subject of an action under one of the express liability provisions of the federal securities laws. The author argues that section 10(b) and rule 10b-5 should be construed like other provisions of the federal securities acts and that overlap of private remedies is permissible.