How does misappropriation theory discussed in us v ohagan, Operation Management

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How does misappropriation theory discussed in us v ohagan

How does the "misappropriation theory" discussed in the U.S. v. O'Hagan case on page 899 of the textbook differ from what the Court calls "classic insider trading theory?" Does it seem "fair" or "just" to criminalize actions like those of Mr. O'Hagan who seems to have perhaps only "caught a lucky break?"

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