Corporate Bodies And Guilty Minds

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Corporate Bodies and Guilty Minds

William S. Laufer
Corporate Bodies and Guilty Minds Book PDF

Author : William S. Laufer
Publisher : University of Chicago Press
Page : 306 pages
File Size : 48,6 Mb
Release : 2008-10-31
Category : Law
ISBN : 9780226470429

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Corporate Bodies and Guilty Minds by William S. Laufer Pdf

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

Legal Control of the Private Military Corporation

B. Sheehy,J. Maogoto,Virginia Newell
Legal Control of the Private Military Corporation Book PDF

Author : B. Sheehy,J. Maogoto,Virginia Newell
Publisher : Springer
Page : 252 pages
File Size : 41,8 Mb
Release : 2008-12-11
Category : Law
ISBN : 9780230583016

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Legal Control of the Private Military Corporation by B. Sheehy,J. Maogoto,Virginia Newell Pdf

Private military organizations are a new and important feature of the international landscape. They offer control of potential massive violence to the highest bidder with very limited accountability. This book offers critical insights into both the phenomenon and the challenges of and potential for regulation.

Corporate Compliance

Sharon Oded
Corporate Compliance Book PDF

Author : Sharon Oded
Publisher : Edward Elgar Publishing
Page : 337 pages
File Size : 49,8 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781954751

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Corporate Compliance by Sharon Oded Pdf

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.

Modernism and the Meaning of Corporate Persons

Lisa Siraganian
Modernism and the Meaning of Corporate Persons Book PDF

Author : Lisa Siraganian
Publisher : Oxford University Press, USA
Page : 287 pages
File Size : 50,9 Mb
Release : 2020-11-19
Category : Literary Criticism
ISBN : 9780198868873

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Modernism and the Meaning of Corporate Persons by Lisa Siraganian Pdf

Exploring legal treatises, court decisions, political illustrations, photographs, and modernist literature, this volume reveals that the ambiguous status of corporate intention in the first half of the twentieth century provoked conflicting theories of meaning and interpretation still debated today.

The Culpable Corporate Mind

Elise Bant
The Culpable Corporate Mind Book PDF

Author : Elise Bant
Publisher : Bloomsbury Publishing
Page : 523 pages
File Size : 46,8 Mb
Release : 2023-04-20
Category : Law
ISBN : 9781509952403

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The Culpable Corporate Mind by Elise Bant Pdf

This collection examines critically, and with an eye to reform, conceptions and conditions of corporate blameworthiness in law. It draws on legal, moral, regulatory and psychological theory, as well as historical and comparative perspectives. These insights are applied across the spheres of civil, criminal, and international law. The collection also has a deliberate focus on the 'nuts and bolts' of the law: the legal, equitable and statutory principles and rules that operate to establish corporate states of mind, on which responsibility as a matter of daily legal practice commonly depends.The collection therefore engages strongly with scholarly debates. The book also speaks, clearly and cogently, to the judges, regulators, legislators, law reform commissioners, barristers and practitioners who administer and, through their respective roles, incrementally influence the development of the law at the coalface of legal practice.

Revisiting the Question of Imputation in Corporate Criminal Law

Constantine N. Nana
Revisiting the Question of Imputation in Corporate Criminal Law Book PDF

Author : Constantine N. Nana
Publisher : Cambridge Scholars Publishing
Page : 365 pages
File Size : 54,8 Mb
Release : 2010-02-19
Category : Law
ISBN : 9781443820073

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Revisiting the Question of Imputation in Corporate Criminal Law by Constantine N. Nana Pdf

It is now trite knowledge that corporate criminal liability is laced with a large number of contradictions that seriously threaten its legitimacy. This book demonstrates that these contradictions may be avoided if courts consistently refer to an adequate mechanism of imputation. It proposes parameters for evaluating mechanisms of imputation and shows how an adequate mechanism may be determined. This distinctive book provides students and practitioners with an exposition of the current substantive and procedural corporate criminal law and considers other ways of regulating the activities of corporations than using the criminal law. It also addresses the distinction between internal knowledge and external knowledge with reference to pedigreed and non-pedigreed rules and shows how the concept of discursive dilemma may be employed to aggregate the acts and intents of agents for the purposes of imputing these acts and intents to accused corporations and holding them liable. This book is highly recommended for students of criminology, law and business. It should also be of interest to defence counsels, prosecutors and regulatory agencies that either represent and advise corporate defendants or seek to hold corporations accountable for the breach of criminal law standards.

Corporate Criminality and Liability for Fraud

Alison Cronin
Corporate Criminality and Liability for Fraud Book PDF

Author : Alison Cronin
Publisher : Routledge
Page : 182 pages
File Size : 51,6 Mb
Release : 2018-03-14
Category : Business & Economics
ISBN : 9781351716840

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Corporate Criminality and Liability for Fraud by Alison Cronin Pdf

Through a rational reconstruction of orthodox legal principles, and reference to cutting-edge neuro-science, this book reveals some startling truths about the criminal law, its history and the fundamental doctrines that underpin the attribution of criminal fault. While this has important implications for the criminal law generally, the focus of this work is the development of a theory of corporate criminality that accords with modern theory of group agency, itself informed by advancements in contemporary philosophy and social science. The innovation it proposes is the theoretical and practical means by which criminal fault can be attributed directly to the corporate actor, where liability cannot or should not be reduced to its individual members.

Australian Cartel Regulation

Caron Beaton-Wells,Brent Fisse
Australian Cartel Regulation Book PDF

Author : Caron Beaton-Wells,Brent Fisse
Publisher : Cambridge University Press
Page : 651 pages
File Size : 44,8 Mb
Release : 2011-04-25
Category : Law
ISBN : 9781139496452

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Australian Cartel Regulation by Caron Beaton-Wells,Brent Fisse Pdf

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

Zachary J. Goldberg
Reflections on Ethics and Responsibility Book PDF

Author : Zachary J. Goldberg
Publisher : Springer
Page : 252 pages
File Size : 46,9 Mb
Release : 2017-02-06
Category : Philosophy
ISBN : 9783319503592

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Reflections on Ethics and Responsibility by Zachary J. Goldberg Pdf

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.

Preventing Corporate Corruption

Stefano Manacorda,Francesco Centonze,Gabrio Forti
Preventing Corporate Corruption Book PDF

Author : Stefano Manacorda,Francesco Centonze,Gabrio Forti
Publisher : Springer Science & Business
Page : 533 pages
File Size : 40,7 Mb
Release : 2014-04-28
Category : Social Science
ISBN : 9783319044804

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Preventing Corporate Corruption by Stefano Manacorda,Francesco Centonze,Gabrio Forti Pdf

This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.

The Matrix of Insanity in Modern Criminal Law

Gabriel Hallevy
The Matrix of Insanity in Modern Criminal Law Book PDF

Author : Gabriel Hallevy
Publisher : Springer
Page : 204 pages
File Size : 49,6 Mb
Release : 2015-06-30
Category : Law
ISBN : 9783319205977

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The Matrix of Insanity in Modern Criminal Law by Gabriel Hallevy Pdf

This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault. The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.

Corporate Criminal Liability

Mark Pieth,Radha Ivory
Corporate Criminal Liability Book PDF

Author : Mark Pieth,Radha Ivory
Publisher : Springer Science & Business Media
Page : 396 pages
File Size : 45,6 Mb
Release : 2011-04-20
Category : Law
ISBN : 9789400706743

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Corporate Criminal Liability by Mark Pieth,Radha Ivory Pdf

With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

Corporate Criminal Investigations and Prosecutions

Leo R. Tsao,Daniel S. Kahn,Eugene F. Soltes
Corporate Criminal Investigations and Prosecutions Book PDF

Author : Leo R. Tsao,Daniel S. Kahn,Eugene F. Soltes
Publisher : Aspen Publishing
Page : 991 pages
File Size : 41,8 Mb
Release : 2022-09-15
Category : Law
ISBN : 9781543851953

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Corporate Criminal Investigations and Prosecutions by Leo R. Tsao,Daniel S. Kahn,Eugene F. Soltes Pdf

Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Corporate Criminal Investigations and Prosecutions provides readers a comprehensive understanding of the process behind the investigation, prosecution, and resolution of criminal charges against organizations. Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and resolves corporate criminal violations. As a result of these developments, the practice of investigating, prosecuting, and resolving corporate criminal cases has many significant differences from other areas of criminal or civil law. Notably, one of the most significant aspects that distinguishes corporate criminal practice is that much of it occurs outside of the formal judicial system; nearly all DOJ corporate criminal matters are resolved through negotiated settlements, and very few cases involve court proceedings or go to trial. As a result, many parts of this practice remain relatively unknown to students and practitioners. Until now. With the publication of this book, authors Leo Tsao, Daniel Kahn, and Eugene Soltes, whose resumes collectively reflect the highest levels of practice and expertise in this field, open a window into all aspects of corporate criminal investigations and prosecutions. Professors and students will benefit from: The authors bring a unique perspective and unparalleled qualifications to the subject of corporate criminal liability. Daniel Kahn is the former acting Deputy Assistant Attorney General of the Criminal Division and former Chief of the Fraud Section and FCPA Unit. Leo Tsao is the former Principal Deputy Chief of the Money Laundering and Asset Recovery Section and has held supervisory positions in the Bank Integrity Unit and FCPA Unit within the DOJ’s Criminal Division. Eugene Soltes is a professor at Harvard Business School, and regularly teaches and advises companies on corporate integrity, organizational cultures, and compliance systems. Comprehensive coverage: Part One addresses topics that are generally applicable to all corporate criminal cases, such as the legal principles underlying corporate criminal liability; the individual liability of corporate officers for corporate crimes; and the constitutional rights of criminal corporate defendants—to name a few. Part Two addresses specific categories of federal crimes commonly used to charge corporate defendants, such as conspiracy, the FCPA, the Bank Secrecy Act, antitrust laws, and RICO. Part Two also provides insights into criminal activity and law enforcement within the technology sector as it pertains to virtual currency (e.g., Bitcoin). Extensive online resources include discussion questions, and relevant case material for key chapters

In Search of Corporate Accountability

Stefan H. C. Lo
In Search of Corporate Accountability Book PDF

Author : Stefan H. C. Lo
Publisher : Cambridge Scholars Publishing
Page : 410 pages
File Size : 51,5 Mb
Release : 2016-01-14
Category : Law
ISBN : 9781443887717

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In Search of Corporate Accountability by Stefan H. C. Lo Pdf

There is currently much debate over corporate social responsibility on whether business companies should look beyond shareholder primacy and profit maximisation to act for the benefit of others. It is generally agreed, however, even amongst advocates of shareholder primacy, that profit maximisation should only be achieved within the framework of external laws regulating the conduct of individuals and companies generally. If the objectives of such external laws are not to be defeated, then it is important for controllers of companies to ensure corporate compliance with the law. Despite this, controversies have arisen where corporate enterprises may have improperly flouted or evaded liabilities under the law. Against this background, it is argued in this book that it is necessary to ensure that responsible persons are accountable under the law so as to promote compliance with legal regulations in the corporate context. Individuals or entities behind the company who are responsible for wrongful conduct should be held liable under the law – whether it be tort law or statutory regulation. Some counter that the corporate law principles of limited liability and separate entity have the primacy to effectively shield those behind the company from at least certain types of liability. However, it is undesirable for corporate insiders to hide behind the company to avoid tortious or statutory liabilities. This book adopts a theory of interactive (corrective) justice that is applied in the corporate context to justify the imposition of civil liability on responsible directors, shareholders and other corporate participants under Anglo-Australian law. In light of this theoretical framework, possibilities of rectifying deficiencies in the law through judicial development of existing legal principles are examined. To the extent that appropriate directions in the law cannot be achieved via judicial development of the law, the book also investigates possibilities of statutory reform.

Integrity, Risk and Accountability in Capital Markets

Justin O'Brien,George Gilligan
Integrity Risk and Accountability in Capital Markets Book PDF

Author : Justin O'Brien,George Gilligan
Publisher : Bloomsbury Publishing
Page : 511 pages
File Size : 46,5 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782253563

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Integrity, Risk and Accountability in Capital Markets by Justin O'Brien,George Gilligan Pdf

The global economy is yet to recover from the aftershocks of the Global Financial Crisis (GFC). In particular many national economies are struggling to adjust to austerity programs that are a direct result of the toxic effects of the crisis. Governments, regulatory agencies, international organisations, media commentators, finance industry organisations and professionals, academics and affected citizens have offered partial explanations for what has occurred. Some of these actors have sought to introduce legislative and other regulatory initiatives to improve operational standards in capital markets. However, the exposure post-GFC of the scandal surrounding the manipulation over many years of the London Interbank Offered Rate (LIBOR) highlighted that the most important obstacles to counter the destructive potential of our global finance system are normative not technical. Regulating the culture of the finance sector is one of the greatest challenges facing contemporary society. This edited volume brings together leading professionals, regulators and academics with knowledge of how cultural forces shape integrity, risk and accountability in capital markets. The book will be of benefit not only to industry, regulatory and academic communities whose focus is upon financial markets and professionals. It is of value to any person or organisation interested in how the cultural underpinnings of the finance sector shape how capital markets actually operate and are regulated. It is a stark lesson of history that financial crises will occur. As national economies become ever more inter-connected and inter-dependent under conditions of global financial capitalism, it becomes ever more important to know how cultural and other normative forces might be adjusted to militate against the effects of future disasters.