In a newly-published essay “Insiders, Outsiders, & Fair Access: Identifying Culpable Insider Trading” by Jonathan D. Glater, I. Nelson Rose’s seminal work Gambling and the Law® is cited. Prof. Rose’s discussion of card-counters and other advantage blackjack players is used to help analyze what constitutes insider information for stock trading From footnote 12:
Disagreement over the propriety of card counting is evident in the gambling industry. In Nevada, casinos’ practice of throwing out payers suspected of card counting has long survived, while in New Jersey, such exclusion of players is forbidden. I. NELSON ROSE, GAMBLING AND THE LAW 204–5 (1986) (describing Uston v. Resorts International Hotel, Inc., 445 A.2d 370 (1982), in which the state supreme court ruled that because the New Jersey Casino Control Commission had the authority to set rules for participation in games and had adopted no rule permitting exclusion of card counters, casinos had to let them play; in Nevada, casinos’ practices are not so circumscribed).
From Jonathan D. Glater, ESSAY: Insiders, Outsiders, & Fair Access: Identifying Culpable Insider Trading, 83 Brook. L. Rev. (2018). Available at: https://brooklynworks.brooklaw.edu/blr/vol83/iss4/5