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Corporate Crime, Overcriminalization, and the Failure of American Public Morality

Jeffrey S. Parker

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0019
Subject:
Political Science, American Politics

This chapter discusses corporate crime and overcriminalization. It first discusses the concept of corporate crime and its historical background. Corporate crimes include entity criminal liability, ... More


Removing Prosecutors from the Boardroom: Limiting Prosecutorial Discretion to Impose Structural Reforms

Jennifer Arlen

in Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814787038
eISBN:
9780814709375
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814787038.003.0020
Subject:
Law, Criminal Law and Criminology

This chapter argues that prosecutors can effectively deter corporate crimes if they are given the combined power to prosecute firms for their employees' corporate crimes and the power to offer ... More


The responsible corporation

Celia Wells

in Corporations and Criminal Responsibility

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198267935
eISBN:
9780191683411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267935.003.0008
Subject:
Law, Public International Law

This chapter reports the examples of corporate criminal liability. The overview of organization theories serves as a salutary reminder that a consideration of types of criminal liability can draw ... More


Criminal responsibility and the corporate entity

Celia Wells

in Corporations and Criminal Responsibility

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198267935
eISBN:
9780191683411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267935.003.0004
Subject:
Law, Public International Law

This chapter gives a critical account of the mechanisms through which criminal law ascribes individual culpability and relates them to arguments about the nature of the corporate entity. It also ... More


Corporations and Criminal Responsibility

Celia Wells

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198267935
eISBN:
9780191683411
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267935.001.0001
Subject:
Law, Public International Law

Contemporary concern about technological hazards posed by business enterprises has intensified interest in the criminality of corporations. Incorporating ideas from a wide range of literature, this ... More


Deferred Prosecution Agreements on Trial: Lessons from the Law of Unconstitutional Conditions

Richard A. Epstein

in Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814787038
eISBN:
9780814709375
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814787038.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter examines the appropriate limit of deferred prosecution agreements (DPAs) in light of the serious dangers in using any principle of corporate criminal liability. It begins with an ... More


The Criminal Responsibility of Corporations

Nina H. B. Jørgensen

in The Responsibility of States for International Crimes

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298618
eISBN:
9780191685491
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298618.003.0004
Subject:
Law, Public International Law

This chapter discusses the concept of corporate crime and corporate criminal responsibility. It also describes two major theories of corporate criminal liability: identification and imputation. Under ... More


When Should Organizations Be Liable for Transnational Bribery?

Kevin E. Davis

in Between Impunity and Imperialism: The Regulation of Transnational Bribery

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190070809
eISBN:
9780190070830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070809.003.0008
Subject:
Law, Public International Law

When should organizations, as opposed to individuals, be the targets of sanctions for transnational bribery? The OECD paradigm calls for the net of liability to be cast widely, not only over ... More


The Phantom Menace of the Responsibility Deficit

John Hasnas

in The Moral Responsibility of Firms

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198738534
eISBN:
9780191801808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198738534.003.0006
Subject:
Business and Management, Corporate Governance and Accountability

The strongest argument for the conclusion that corporations should be held morally responsible for their actions has been advanced by Philip Pettit. Pettit’s argument proceeds in two steps: arguing ... More


How Insiders Abuse the Idea of Corporate Personality

Ian Maitland

in The Moral Responsibility of Firms

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198738534
eISBN:
9780191801808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198738534.003.0007
Subject:
Business and Management, Corporate Governance and Accountability

This chapter examines the practice of attributing moral and legal responsibility to corporations and its potential for abuse in three different contexts. First, the author describes how the concept ... More


Sanctioning Corporations

Meir Dan-Cohen

in Normative Subjects: Self and Collectivity in Morality and Law

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199985203
eISBN:
9780190219703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199985203.003.0010
Subject:
Philosophy, Moral Philosophy, Political Philosophy

The perennial question of whether corporations should be held criminally liable is split into two questions: should sanctions be imposed on corporations? and should such sanctions be subject to the ... More


Conclusion

Anthony S. Barkow and Rachel E. Barkow

in Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814787038
eISBN:
9780814709375
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814787038.003.0011
Subject:
Law, Criminal Law and Criminology

This concluding chapter proposes a comprehensive set of reforms to improve the current system of corporate regulation by prosecutors. Some of these reforms would require fundamental shifts in the way ... More


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