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The Evolution of Corporate Criminal Law

in Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226470405
eISBN:
9780226470429
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226470429.003.0001
Subject:
Law, Company and Commercial Law

This chapter focuses on the evolution of corporate criminal law in America. The historical phases of the substantive corporate criminal law discussed in the chapter share the tension accompanying the ... More


Neuroscience and Criminal Law Doctrine

Peter A. Alces

in The Moral Conflict of Law and Neuroscience

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226513362
eISBN:
9780226513676
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226513676.003.0002
Subject:
Law, Philosophy of Law

Chapter Two discusses the uneasy fit between instrumental and non-instrumental objects of punishment in the criminal law doctrine. The chapter first argues that the criminal law’s conception of ... More


Human Rights and International Criminal Law

in The Perils of Global Legalism

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226675749
eISBN:
9780226675923
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226675923.003.0008
Subject:
Law, Public International Law

In the twentieth century, both international criminal law and international human rights law were greatly expanded. International criminal law has come to refer to a set of international crimes, ... More


Recognizing Personhood

in Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226470405
eISBN:
9780226470429
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226470429.003.0002
Subject:
Law, Company and Commercial Law

This chapter reviews the place of corporate personhood in the criminal law. The rhetoric of personhood and its evils are discussed. The challenges of making personhood relevant are also considered, ... More


Criminal Cases

in Specializing the Courts

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226039541
eISBN:
9780226039565
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226039565.003.0004
Subject:
Political Science, American Politics

This chapter explores the specialization in criminal law in the states, highlighting the courts that hear specific subsets of criminal cases. Separating criminal and civil cases allows judges who ... More


Laws

H. G. Cocks

in Visions of Sodom: Religion, Homoerotic Desire, and the End of the World in England, c. 1550-1850

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226438665
eISBN:
9780226438832
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226438832.003.0005
Subject:
History, British and Irish Early Modern History

In the seventeenth and eighteenth centuries, laws against homoerotic behaviour seemed to have the sanction of scripture, time, and natural law. The destruction of Sodom and Gomorrah by God was used ... More


The Proliferation of Actuarial Methods in Punishing and Policing

in Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226316130
eISBN:
9780226315997
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226315997.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter documents the ascendance of the actuarial paradigm, focusing on a wide range of predictive tools in criminal law and punishment. It explores the use of actuarial methods in the larger ... More


Playing Games

in Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226470405
eISBN:
9780226470429
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226470429.003.0004
Subject:
Law, Company and Commercial Law

This chapter reveals the effects of an abandoned substantive corporate criminal law, where prosecutorial discretion trumps liability rules; where there is a whim and arbitrariness to corporate ... More


Sanction and Socialize: Military Command Responsibility and Corporate Accountability for Atrocities

Scott A. Gilmore

in Corporate Social Responsibility?: Human Rights in the New Global Economy

Published in print:
2015
Published Online:
January 2016
ISBN:
9780226244273
eISBN:
9780226244440
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226244440.003.0008
Subject:
Anthropology, Anthropology, Global

The CSR movement faces a dilemma between the penal code of sanctions and the honor code of self-regulation. To escape this binary, this Chapter draws lessons from the laws of war. Mitigating the ... More


Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability

William S. Laufer

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226470405
eISBN:
9780226470429
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226470429.001.0001
Subject:
Law, Company and Commercial Law

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 ... More


Specializing the Courts

Lawrence Baum

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226039541
eISBN:
9780226039565
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226039565.001.0001
Subject:
Political Science, American Politics

Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas. This book provides a ... More


Vengeance, Complicity, and Criminal Law in Othello

Richard H. Mcadams

in Shakespeare and the Law: A Conversation among Disciplines and Professions

Published in print:
2013
Published Online:
September 2013
ISBN:
9780226924939
eISBN:
9780226924946
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226924946.003.0006
Subject:
Literature, Shakespeare Studies

In Othello, a legal question is posed for lawyers regarding Iago: is he criminally liable for the murder of Desdemona? An extraordinary thought experiment for testing the limit of Elizabethan ... More


The Real-Time Tribunal

in Justice in the Balkans: Prosecuting War Crimes in the Hague Tribunal

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226312286
eISBN:
9780226312309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226312309.003.0006
Subject:
Law, Human Rights and Immigration

This chapter describes the role that Clint Williamson played with indirect help from the United States in developing the first arrest for the tribunal with a secret indictment. Williamson's ... More


Ernest W. Burgess and Parole Prediction

in Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226316130
eISBN:
9780226315997
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226315997.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter explores the birth of the actuarial in American criminal law, focusing on the development and use of the first actuarial instrument by Ernest W. Burgess in the late 1920s. Drawing on ... More


Prologue

in Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226316130
eISBN:
9780226315997
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226315997.003.0001
Subject:
Law, Constitutional and Administrative Law

Today, the actuarial permeates the field of criminal law and its enforcement. Risk-assessment tools are being used to identify whom to search, when to punish more, and how to administer the penal ... More


The Foca Rape Case

in Justice in the Balkans: Prosecuting War Crimes in the Hague Tribunal

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226312286
eISBN:
9780226312309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226312309.003.0008
Subject:
Law, Human Rights and Immigration

This chapter discusses the establishment of rape houses and conditions of sexual enslavement in the area of Foca, in the southern part of Bosnia. This case began within a week of the Srebrenica ... More


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