66 Pages Posted: 11 Oct 2004 Last revised: 26 May 2011
Date Written: May 24, 2011
Gatekeeping is a metaphor ubiquitous across disciplines and within fields of law. Generally, gatekeeping comprises an actor monitoring the quality of information, products, or services. Specific conceptions of gatekeeping functions have arisen independently within corporate and evidentiary law. Corporate gatekeeping entails deciding whether to grant or withhold support necessary for financial disclosure; evidentiary gatekeeping entails assessing whether expert knowledge is relevant and reliable for admissibility. This article is the first to identify substantive parallels between gatekeeping in these two contexts and to suggest their cross-treatment. Public corporate gatekeepers, like their judicial evidentiary analogues, should bear a duty of reliable monitoring.
Keywords: Intradisciplinarity, gatekeeping, expert evidence, Securities and Exchange Commission, monitoring, fraud
JEL Classification: A12, B41, D21, G18, G23, G34, K00, K22, K39, K41
Suggested Citation: Suggested Citation
Oh, Peter B., Gatekeeping (May 24, 2011). Journal of Corporation Law, Vol. 29, p. 753, 2004. Available at SSRN: https://ssrn.com/abstract=601361