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Academic

: Legal Theory Blog

Bainbridge on Insider Trading Cases

By Lawrence Solum

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Stephen M. Bainbridge (University of California, Los Angeles - School of Law) has posted The Iconic Insider Trading Cases on SSRN.  Here is the abstract:

This essay traces the evolution of insider trading jurisprudence, focusing on the three iconic Supreme Court decisions: Chiarella, Dirks, and O'Hagan. The essay argues that all three cases were seriously flawed because each failed to cohere as to either policy or doctrine. Just as a child might break his toy by attempting to force a square peg into a round hole, the Supreme Court made a hash of insider trading law (and Rule 10b-5 generally) by attempting to force insider trading into a paradigm - securities fraud - that does not fit.

Full post as published by Legal Theory Blog on March 05, 2008 (boomark / email).

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