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Speculation: A History of the Fine Line between Gambling and Investing PDF

353 Pages·2017·1.86 MB·English
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i SPECULATION Q ii ii ii SPECULATION Q A HISTORY OF THE FINE LINE BETWEEN GAMBLING AND INVESTING STUART BANNER 1 iv iv 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America. © Oxford University Press 2017 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Cataloging-i n- Publication Data Names: Banner, Stuart, 1963– author. Title: Speculation : a history of the fine line between gambling and investing / Stuart Banner. Description: New York, NY : Oxford University Press, 2017. | Description based on print version record and CIP data provided by publisher; resource not viewed. Identifiers: LCCN 2016017786 (print) | LCCN 2016016710 (ebook) | ISBN 9780190623050 (E-book) | ISBN 9780190623067 (E-book) | ISBN 9780190623043 (hardcover : alk. paper) Subjects: LCSH: Investments—Law and legislation—United States—History. | Capital market—Law and legislation—United States—History. | Speculation—Law and legislation—United States—History. | Speculation—United States—History. Classification: LCC KF1070 (print) | LCC KF1070 .B365 2017 (ebook) | DDC 346.73/0922—dc23 LC record available at https://lccn.loc.gov/2016017786 1 3 5 7 9 8 6 4 2 Printed by Sheridan Books, Inc., United States of America iv q CONTENTS Acknowledgments vii Abbreviations ix Introduction 1 1. The Land of Speculation 6 2. Betting on Prices 56 3. The Anti- Option Era 105 4. Selling Blue Sky 138 5. Aftershocks of the Crash 164 6. Land and Onions 218 7. Inside Information 241 8. Speculation or Investment? 279 9. Deregulation and Crisis? 307 Index 331 v vi vi vi q ACKNOWLEDGMENTS For advice on drafts of chapters, thanks to Iman Anabtawi, Steve Bainbridge, Steve Bank, James Park, and participants in workshops at the University of Minnesota, UNLV, and UCLA. For help with the re- search, thanks to the librarians at the UCLA School of Law and the ar- chivists at the Franklin D. Roosevelt Presidential Library, the Harvard Law Library, the Herbert Hoover Presidential Library, the John F. Kennedy Presidential Library, the Library of Congress, the Morgan Library, the New York Stock Exchange, the University of Illinois at Chicago, the University of Virginia, the Wisconsin Historical Society, and Yale University. vii viii viii viii q ABBREVIATIONS AAB Adolf A. Berle papers, Franklin D. Roosevelt Presidential Library, Hyde Park, New York AS Alexander Sachs papers, Franklin D. Roosevelt Presidential Library, Hyde Park, New York CBT Chicago Board of Trade records, Special Collections, University of Illinois at Chicago CG Carter Glass papers, Albert and Shirley Small Special Collections Library, University of Virginia FDR Franklin D. Roosevelt papers as president, Franklin D. Roosevelt Presidential Library, Hyde Park, New York FF Felix Frankfurter papers, Manuscript Division, Library of Congress, Washington, DC GEA George E. Akerson papers, Herbert Hoover Presidential Library, West Branch, Iowa HHL Hoover Presidential files, Herbert Hoover Presidential Library, West Branch, Iowa HPPF Hoover Post-P residential files, Herbert Hoover Presidential Library, West Branch, Iowa JML- HLS James McCauley Landis papers, Harvard Law School Library, Cambridge, Massachusetts JML- LC James McCauley Landis papers, Manuscript Division, Library of Congress, Washington, DC ix

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What is the difference between gambling and speculation? This difficult question has posed a legal problem throughout American history. Many have argued that periodic failures by regulators to differentiate between the two have been the proximate causes of catastrophic economic downturns, including
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