Monday, November 9, 2020
Ellen S. Podgor (Stetson University College of Law) has posted Carpenter v. United States: Did Being Gay Matter? (15 Tennessee Journal of Law and Public Policy 116 (2020)) on SSRN. Here is the abstract:
Carpenter v. United States (1987) is a case commonly referenced in corporations, securities, and white collar crime classes. But the story behind the trading of pre-publication information from the "Heard on the Street" columns of the Wall Street Journal may be a story that has not been previously told. This Essay looks at the Carpenter case from a different perspective - gay men being prosecuted at a time when gay relationships were often closeted because of discriminatory policies and practices. This Essay asks the question of whether being gay mattered to this prosecution.