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Corporate liability in England and Wales

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/9780198267935.003.0005
Subject:
Law, Public International Law

This chapter addresses the development of the law of corporate criminal liability in England and Wales. Since the current state of play in this area of law can best be understood through a historical ... 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


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


Comparative and international solutions

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/9780198267935.003.0007
Subject:
Law, Public International Law

This chapter presents the developments in corporate liability in other common law jurisdictions, in the civil law states of Europe. It also provides an introduction to international and supra ... More


Constructing Fault

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/9780226470429.003.0003
Subject:
Law, Company and Commercial Law

This chapter proposes a constructive corporate liability doctrine. Constructive fault permits fact finders to move beyond the strictures of subjective evidence of culpability in order to find ... 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


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


Shifting Blame

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/9780226470429.003.0005
Subject:
Law, Company and Commercial Law

This chapter questions the connection between corporate cooperation and corporate liability. This discussion is preceded by considering the fairness of trading corporate cooperation for ... 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


Potentially Perverse Effects of Corporate Civil Liability

Samuel W. Buell

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/9780814787038.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines the potentially adverse effects of corporate civil liability and the role of prosecutors in regulating corporate behavior. After considering the distinction between a criminal ... 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


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


The Impact of the War Crimes Tribunals on Corporate Liability for Atrocity Crimes under US Law

David Scheffer

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/9780226244440.003.0007
Subject:
Anthropology, Anthropology, Global

Federal courts resort to the jurisprudence of the international war crimes tribunals to interpret and enforce the Alien Tort Statute (ATS) against individuals and corporations. This practice ... 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


Comparative Vantage Points of Extraterritorial Animal Law

Charlotte E. Blattner

in Protecting Animals Within and Across Borders: Extraterritorial Jurisdiction and the Challenges of Globalization

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190948313
eISBN:
9780190948344
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190948313.003.0010
Subject:
Law, Public International Law

Chapter 9 provides legislators with a full description of the comparative advantages of applying animal law across the border. It first clarifies the scope of extraterritorial jurisdiction by ... More


Modes of Participation

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0012
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter begins the discussion of the tribunals' jurisprudence concerning the modes of participation in a war crime or a crime against humanity by focusing on Article II(2)(a), (b), and (c) of ... More


Corporate Transformation and Employee Pensions

Adam D. Dixon

in The New Geography of Capitalism: Firms, Finance, and Society

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199668236
eISBN:
9780191781957
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199668236.003.0006
Subject:
Business and Management, Finance, Accounting, and Banking, Political Economy

This chapter considers the changing role of the firm in systems of social protection. It does so through an examination of how and why firms have pulled back significantly in their provision of ... More


Punishment in the executive suite: Moral responsibility, causal responsibility, and financial crime

Mark R. Reiff

in Just Financial Markets?: Finance in a Just Society

Published in print:
2017
Published Online:
May 2017
ISBN:
9780198755661
eISBN:
9780191816789
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755661.003.0006
Subject:
Political Science, Political Economy

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for ... More


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