• Political Science
  • Published 1999

Pragmatism Returns to the Law in Insider Trading

  title={Pragmatism Returns to the Law in Insider Trading},
  author={Elliott J. Weiss},
This article assesses the significance of the Supreme Court's opinion in United States v. O'Hagan, 117 S.Ct. 2199 (1997). It reviews critically the history of the misappropriation theory of insider trading, highlighting the doctrinal tensions both between Santa Fe Industries v. Green and Chiarella v. U.S. and within Chiarella and Dirks v. SEC. The article then details how, in the course of arguing O'Hagan to the Court, the government developed an explanation ofhow misappropriation can involve… CONTINUE READING