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Unlawful Securities Transactions And Scienter: An Emasculating Requirement, David Strout

Seattle University Law Review

This comment suggests the proper construction of Washington’s unlawful transactions provision of the recently-adopted modified version of the Uniform Securities Act and rejects scienter as a necessary element of a violation of that provision. The discussion necessitates consideration of federal rule 10b-5, because the rule is the source of the Uniform Act's unlawful transactions provision. The focus, however, is on the inapplicability of the United States Supreme Court's analysis in <em>Ernst & Ernst v. Hochfelder </em>to the Washington Act's construction.