corporate bodies and guilty minds the failure of corporate criminal liability

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Corporate Bodies And Guilty Minds

Author : William S. Laufer
ISBN : 9780226470429
Genre : Law
File Size : 79. 39 MB
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We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review

Corporate Compliance

Author : Sharon Oded
ISBN : 9781781954751
Genre : Law
File Size : 79. 68 MB
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How to induce corporate compliance with regulations? Harsh punishments will cause companies to disguise violations, and mild punishments will cause companies to report their violations and make weak efforts to avoid them. In this book, Sharon Oded canvasses the history of thinking about corporate compliance, and he proposes his own candidate for the best law. This is a sophisticated account of legal incentives that will repay any reader interested in corporate compliance. Robert Cooter, University of California, Berkeley, US The effective control of corporate misconduct is a vital but elusive task for regulators, given the complexity of organization structures and the need to find the right balance between deterrent- and cooperative-based enforcement policies. In this powerful and comprehensive study, Sharon Oded argues for combining different approaches and boldly advocates, in particular, the use of third-party independent corporate monitoring firms to implement self-policing strategies. This will be essential reading for those involved in the theory or practice of regulatory corporate enforcement. Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands This book considers how a regulatory enforcement policy should be designed to efficiently induce proactive corporate compliance. It first explores two major schools of thought regarding law enforcement, both the deterrence and cooperative approaches, and shows that neither of these represents an optimal regulatory enforcement paradigm from a social welfare perspective. It provides a critical analysis of recent developments in US Federal corporate liability regimes, and proposes a generic framework that better tailors sanction schemes and monitoring systems to regulatee performance. The proposed framework efficiently induces corporate proactive compliance, while maintaining an optimal level of deterrence. This insightful book will appeal to academics in law and economics, behavioral economics, criminology, and business, as well as to practitioners and policymakers.

Australian Cartel Regulation

Author : Caron Beaton-Wells
ISBN : 9781139496452
Genre : Law
File Size : 63. 81 MB
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Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.

Reflections On Ethics And Responsibility

Author : Zachary J. Goldberg
ISBN : 9783319503592
Genre : Philosophy
File Size : 90. 93 MB
Format : PDF
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The original essays in this book address the influential writings of Peter A. French on the nature of responsibility, ethics, and moral practices. French’s contributions to a wide spectrum of philosophical discussions have made him a dominant figure in the fields of normative ethics, meta-ethics, applied ethics, as well as legal and political philosophy. Many of French’s deepest insights come from identifying and exploring the scope and nature of moral responsibility and human agency as they appear in actual events, real social and cultural practices, as well as in literature and film. This immediacy renders French’s scholarship vital and accessible to a wide variety of audiences. The authors, recognized for their own contributions to the understanding of the nature of morality and moral practices offer new and unique positions while exploring, expanding and responding to those of French. The final chapter is written by French, in which he provides both new philosophical insight as well as some reflection on his own work and its influence. This book will appeal to philosophers, as well as advanced students and researchers in the humanities, social sciences, law, and political science.

Facing The Limits Of The Law

Author : Erik Claes
ISBN : 9783540798569
Genre : Law
File Size : 61. 87 MB
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Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

Development Outreach

Author :
ISBN : UCBK:C095204685
Genre : Economic assistance
File Size : 85. 65 MB
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Towards Corporate Liability In International Criminal Law

Author : Desislava Stoitchkova
ISBN : STANFORD:36105134509756
Genre : Business & Economics
File Size : 43. 99 MB
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The need for more stringent regulation of multinational corporations (MNCs) is discernible in the adverse human rights impact of business activities in conflict-prone regions of the world. Domestic jurisdictions appear reluctant to vigorously pursue mandatory enforcement of human rights standards vis-a-vis the private sector for violations committed abroad. The international system, in turn, has not yet put in place any effective compliance mechanism beyond regulatory supervision. The difficulties of prosecution by home and host states, and the propensity of MNCs to exploit the principles of separate legal personality and limited liability, pose certain challenges. Seeking to address the problem of corporate involvement in grave human rights abuse (i.e. genocide, crimes against humanity, and war crimes), this study explores the desirability and feasibility of subjecting business enterprises to regulation through international criminal law. It draws upon holistic methods for uncovering organizational fault, suggesting the necessity to align the culpability of legal persons with the peculiarities of institutional form and dynamics. The book discusses the instrumentality of existing Rome Statute provisions with regard to both corporations and corporate agents, and puts forward a sui generis model for constructing the criminal liability of MNCs.Ë

Securities Fraud 1996 2001

Author : Ke Wang
ISBN : STANFORD:36105134507057
Genre : Business & Economics
File Size : 89. 88 MB
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Corporate Criminal Liability

Author : Amanda Pinto
ISBN : STANFORD:36105063637099
Genre : Law
File Size : 20. 84 MB
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The public is increasingly concerned with corporate responsibility for fatal accidents and the criminal law is increasingly invoked to punish corporate fault.This work provides a practical guide to the implications of this area of law. It reviews the background to corporate criminal liability, considers who is responsible, discusses specific offences, and examines the present position of corporations facing a manslaughter allegation and what an Involuntary Homicide Act is likely to change.À Practical treatment of major offences affecting companiesÀ Covers the new offences of corruption and the regime of restraintÀ Gathers together a wide range of material - enabling immediate reference on procedure, evidence and law in a single sourceÀ Sets out the relevant parts of leading authorities on the subject

Symposium

Author : New England School of Law
ISBN : STANFORD:36105063754795
Genre : Political Science
File Size : 33. 99 MB
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