The Iconic Insider Trading Cases

Bainbridge, Stephen M.

doi:10.2139/ssrn.1097744

Abstract

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The Iconic Insider Trading Cases

Stephen M. Bainbridge

University of California, Los Angeles (UCLA) - School of Law

UCLA School of Law, Law-Econ Research Paper No. 08-05

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.

Number of Pages in PDF File: 32

Keywords: insider trading

JEL Classification: K22

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Date posted: February 26, 2008

Suggested Citation

Bainbridge, Stephen M., The Iconic Insider Trading Cases. UCLA School of Law, Law-Econ Research Paper No. 08-05. Available at SSRN: http://ssrn.com/abstract=1097744 or http://dx.doi.org/10.2139/ssrn.1097744

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Stephen Mark Bainbridge (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

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