Martha Stewart's Legal Troubles Heminway brings together essays written by legal scholars specializing in both white collar crime and securities regulation concerning the varied legal claims made against Martha Stewart in connection with her sale of shares in ImClone Systems Incorporated in December 2001. The articles present interesting historical facts and analytical observations while raising important questions about the use of discretion in public enforcement proceedings (civil and criminal) and the elements of two popular federal claims: obstruction of justice and securities fraud under Rule 10b-5.
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Joan MacLeod Heminway is a professor of law at the University of Tennessee College of Law.
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sentencing hearing transcript, sentencing guidelines, comparative criminal justice, adversarial system, press conference transcript, adaptive organism, wrongful exculpation, wrongful inculpation, classic insider trading, outsider trading, numbered specifications, obstruction statutes, securities fraud charge, enforcement bias, misappropriation theory, insider trading regulation, willfulness requirement, scienter element, supra note, independence inquiry, obstructive conduct, white collar cases, false statement statute, securities fraud claim, insider trading investigation Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Martha Stewart, Supreme Court, Merrill Lynch, Justice Ginsburg, Judge Cedarbaum, Larry Stewart, Arthur Andersen, Second Circuit, Peter Bacanovic, New York, Grand Met, Sam Waksal, Stewart's June, Basic Inc, Good Thing, News Group File, Department of Justice, Memorandum of Law, The Wall Street, Trademark Office, Sup't of Ins, Federal Rule of Criminal Procedure, Stewart's December, Business Library Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
sentencing hearing transcript, sentencing guidelines, comparative criminal justice, adversarial system, press conference transcript, adaptive organism, wrongful exculpation, wrongful inculpation, classic insider trading, outsider trading, numbered specifications, obstruction statutes, securities fraud charge, enforcement bias, misappropriation theory, insider trading regulation, willfulness requirement, scienter element, supra note, independence inquiry, obstructive conduct, white collar cases, false statement statute, securities fraud claim, insider trading investigation Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Martha Stewart, Supreme Court, Merrill Lynch, Justice Ginsburg, Judge Cedarbaum, Larry Stewart, Arthur Andersen, Second Circuit, Peter Bacanovic, New York, Grand Met, Sam Waksal, Stewart's June, Basic Inc, Good Thing, News Group File, Department of Justice, Memorandum of Law, The Wall Street, Trademark Office, Sup't of Ins, Federal Rule of Criminal Procedure, Stewart's December, Business Library Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
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