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What Were They Thinking? Insider Trading And The Scienter Requirement, Donald C. Langevoort
What Were They Thinking? Insider Trading And The Scienter Requirement, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
On its face, the connection between insider trading regulation and the state of mind of the trader or tipper seems intuitive. Insider trading is a form of market abuse: taking advantage of a secret to which one is not entitled, generally in breach of some kind of fiduciary-like duty. This chapter examines both the legal doctrine and the psychology associated with this pursuit. There is much conceptual confusion in how we define unlawful insider trading—the quixotic effort to build a coherent theory of insider trading by reference to the law of fraud, rather than a more expansive market abuse standard—which …
Alien Tort Claims And The Status Of Customary International Law, Carlos Manuel Vázquez
Alien Tort Claims And The Status Of Customary International Law, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Much of the recent debate about the status of customary international law in the U.S. legal system has revolved around the alien tort provision of the Judiciary Act of 1789, currently section 1350 of Title 28. In Filártiga v. Peńa-Irala, the decision that launched modern human rights litigation in the United States, the Court of Appeals for the Second Circuit relied on the view that customary international law has the status of federal common law in upholding section 1350’s grant of federal jurisdiction over a suit between aliens. The court’s position that customary international law was federal law was …