The Right Coast

March 08, 2004
Interesting blog from Gordon Smith
By Tom Smith

I've long admired Gordon Smith's scholarship in my area, corporate law. Now he has a blog full of interesting stuff. His judgments on Martha Stewart are right on, as are Steve Bainbridge's.

The whole thing with Martha is distressing, because her violation was at most hyper-technical, and she never, ever would have been prosecuted if she weren't, to use Tom Wolfe's phrase, "the great white defendant." This case was about prosecutorial self-promotion. Rudolph Giuliani and Michael Milken all over again.