Document Type
Article
Publication Title
Michigan State Law Review
Abstract
This paper narrates a biblical story - Eve’s ingestion of the forbidden fruit - and analogizes it to a recent business law story that I explore in my scholarship and use in my teaching - Martha Stewart’s sale of ImClone stock as alleged insider trading. The analogy, while imperfect, helps expose interesting questions about the descriptive and normative content of U.S. insider trading law and related legal process issues. Although many of the points made in the paper (and the related details and examples presented) can be and have been explored or used in other ways, I contend that the juxtaposition of Eve’s story with Martha’s has utility in illustrating desirable and undesirable attributes of U.S. insider trading regulation, in motivating related scholarship, and in teaching insider trading theory, doctrine, and enforcement under Section 10(b) and Rule 10b-5.
First Page
1017
Last Page
1048
Publication Date
Winter 2009
Recommended Citation
Heminway, Joan MacLeod, "Martha Stewart and the Forbidden Fruit: A New Story of Eve" (2009). Scholarly Works. 821.
https://ir.law.utk.edu/utklaw_facpubs/821