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2006

Hofstra Law Review

Standard of review (Law)

Articles 1 - 2 of 2

Full-Text Articles in Law

The Draining Of Daubert And The Recidivism Of Junk Science In Federal And State Courts, Victor E. Schwartz, Cary Silverman Jan 2006

The Draining Of Daubert And The Recidivism Of Junk Science In Federal And State Courts, Victor E. Schwartz, Cary Silverman

Hofstra Law Review

No abstract provided.


"We'll Know It When We Can't Hear It": A Call For A Non-Pornography Test Approach To Recognizing Non-Public Information, J. Scott Colesanti Jan 2006

"We'll Know It When We Can't Hear It": A Call For A Non-Pornography Test Approach To Recognizing Non-Public Information, J. Scott Colesanti

Hofstra Law Review

Supreme Court Justice Potter Stewart once authored a concurring opinion in which he explained that, while he would not attempt to delineate pornographic materials, he knew pornography when he saw it.

Likewise, in the field of insider trading, the courts and others have embraced such pragmatism, namely, effectively transforming the test for identifying insider trading (trading while aware of "material" and "nonpublic" information) to a weighing of such considerations as whether the defendant had access to insiders, betrayed a confidence, and/or captured a profit. Such a pornography test approach - while satisfying on some level of expedience - fails to provide ...