The protected interests in the private right of action for insider trading: A comparative perspective
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
The article argues that in creating a private right of action for insider trading, the legislature needs to communicate clearly the nature of the protected interests by addressing first, the causation issue, and secondly, how loss should be measured. To the extent that the wrong of insider trading is characterised as trading on or communicating sensitive non-public information, it is not obvious how private interests are substantially affected. In legislating for a private right of action, therefore, it is inadequate merely to provide that damages may be sought by any private party who has suffered losses. Through an examination of the insider trading laws of the US, Australia and Singapore, the author analyses the doctrinal problems that arise when the protected interest is not clearly identified. At the same time, the author explores the feasibility of characterising the protected interest as one against unfair use of information, and considers its use as the theoretical construct by which to frame the questions of causation and loss in the context of Australia and Singapore.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Joseph D. Beams, Robert M. Brown & Larry N. Killough (2003). An Experiment Testing the Determinants of Non-Compliance with Insider Trading Laws. Journal of Business Ethics 45 (4):309 - 323.
Robert W. McGee (2010). Analyzing Insider Trading From the Perspectives of Utilitarian Ethics and Rights Theory. Journal of Business Ethics 91 (1):65 - 82.
Peter-Jan Engelen & Luc Van Liedekerke (2007). The Ethics of Insider Trading Revisited. Journal of Business Ethics 74 (4):497 - 507.
Patricia H. Werhane (1989). The Ethics of Insider Trading. Journal of Business Ethics 8 (11):841 - 845.
Richard L. Lippke (1993). Justice and Insider Trading. Journal of Applied Philosophy 10 (2):215-226.
Robert W. McGee (2008). Applying Ethics to Insider Trading. Journal of Business Ethics 77 (2):205 - 217.
Jennifer Moore (1990). What is Really Unethical About Insider Trading? Journal of Business Ethics 9 (3):171 - 182.
E. Mine Cinar (1999). The Issue of Insider Trading in Law and Economics: Lessons for Emerging Financial Markets in the World. [REVIEW] Journal of Business Ethics 19 (4):345 - 353.
Yulong Ma & Huey-Lian Sun (1998). Where Should the Line Be Drawn on Insider Trading Ethics? Journal of Business Ethics 17 (1):67-75.
Added to index2009-01-28
Total downloads20 ( #86,774 of 1,103,217 )
Recent downloads (6 months)1 ( #298,253 of 1,103,217 )
How can I increase my downloads?