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Launching the Insider Trading Revolution: SEC v. Capital Gains Research BureauAdam C. PritchardUniversity of Michigan Law School May 1, 2012 Research Handbook on Insider Trading, Stephen Bainbridge, ed., 2013, Forthcoming U of Michigan Law & Econ Research Paper No. 12-005 Abstract: This paper examines the Supreme Court's decision in SEC v. Capital Gains Research Bureau and its effect on the development of the law of insider trading. Capital Gains broke ground both in its approach to interpreting the federal securities laws, as well as its willingness to incorporate fiduciary principles into the law of insider trading. The opinion's influence was short-lived, however, as the Supreme Court reverted to a more textualist approach in securities cases only a decade after Capital Gains was decided.
Number of Pages in PDF File: 35 Keywords: Insider trading, statutory interpretation, Supreme Court JEL Classification: K22 Accepted Paper SeriesDate posted: May 1, 2012 ; Last revised: July 7, 2012Suggested CitationContact Information
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