CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, November 9, 2020

Podgor on Trading on Carpenter (1987) and Being Gay

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.

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