Abstract

http://ssrn.com/abstract=1929850
 
 

Citations (3)



 


 



Reinventing Insider Trading: The Supreme Court Misappropriates the Misappropriation Theory


Carol B. Swanson


Hamline University - School of Law

January 1, 1997

Wake Forest Law Review, Vol. 32, p. 1157, 1997

Abstract:     
When the Supreme Court endorsed the controversial misappropriation theory last summer in United States v. O’Hagan, perhaps the most important securities fraud decision in decades, the Court reinvented insider trading liability. Professor Swanson examines the opinion’s underpinnings and impact, concluding that the Court has crafted a liability theory with too little content and too many open questions. Considering this decision to be a lost opportunity to clarify a most difficult legal area, the author describes how insider trading regulation will now struggle forward into the next century.

Number of Pages in PDF File: 56

Keywords: Insider trading, misappropriation theory, United States v. O’Hagan, liability theory, Securities and Exchange Commission, SEC, fraud, ITSA, ITSFEA

Accepted Paper Series


Download This Paper

Date posted: March 2, 2013  

Suggested Citation

Swanson, Carol B., Reinventing Insider Trading: The Supreme Court Misappropriates the Misappropriation Theory (January 1, 1997). Wake Forest Law Review, Vol. 32, p. 1157, 1997. Available at SSRN: http://ssrn.com/abstract=1929850

Contact Information

Carol B. Swanson (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
Feedback to SSRN


Paper statistics
Abstract Views: 110
Downloads: 14
Citations:  3

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.234 seconds