This comment suggests the proper construction of Washington’s unlawful transactions provision of the recently-adopted modified version of the Uniform Securities Act and rejects scienter as a necessary element of a violation of that provision. The discussion necessitates consideration of federal rule 10b-5, because the rule is the source of the Uniform Act's unlawful transactions provision. The focus, however, is on the inapplicability of the United States Supreme Court's analysis in &amp;amp;amp;lt;em&amp;amp;amp;gt;Ernst &amp;amp;amp;amp; Ernst v. Hochfelder &amp;amp;amp;lt;/em&amp;amp;amp;gt;to the Washington Act's construction.
David Strout, Unlawful Securities Transactions and Scienter: An Emasculating Requirement, 1 SEATTLE U. L. REV. 366 (1978).