Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal LiabilityUniversity of Chicago Press, 2006 - 288 halaman 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 |
Isi
1 The Evolution of Corporate Criminal Law | 3 |
2 Recognizing Personhood | 44 |
3 Constructing Fault | 68 |
Part II The Laws Status Quo | 97 |
4 Playing Games | 99 |
5 Shifting Blame | 130 |
6 Crafting a Soul | 156 |
7 Making and Unmaking the Pessimists Account | 183 |
Notes | 201 |
267 | |
279 | |
Edisi yang lain - Lihat semua
Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability William S. Laufer Pratinjau terbatas - 2008 |
Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability William S. Laufer Pratinjau tidak tersedia - 2012 |
Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability William S. Laufer Pratinjau tidak tersedia - 2008 |
Istilah dan frasa umum
accounting action acts agents Antitrust Arthur Andersen attribution audit blame commitment compliance program conduct constructive fault cooperation Corp corporate behavior corporate citizenship corporate compliance corporate criminal law corporate criminal liability corporate deviance corporate fault corporate fraud corporate governance corporate liability corporate personhood corporation's courts crime culpability disclosure discussion due diligence Econ effective employees Enron entity environmental ethics evidence executive failure federal firms greenwashing illegal indictment individual integrity intention internal investigation John Braithwaite Justice liability rules mens rea million Model Penal Code monitoring moral hazard Nike Nike's offense officers organization organizational porate prosecution prosecutors punishment Railroad Ralph Nader reasonable reforms regulation regulatory reporting require risk Rite Aid role sanctions Sarbanes-Oxley senior management sentencing guidelines shareholders stakeholders standards strategies substantive supra note theory tion top management United vicarious liability violations white-collar White-Collar Crime William WorldCom wrongdoing York