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Introduction

Lokke Moerel

in Binding Corporate Rules: Corporate Self-Regulation of Global Data Transfers

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662913
eISBN:
9780191746208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662913.003.0001
Subject:
Law, Intellectual Property, IT, and Media Law

This introductory chapter contains a description of the subject matter, scope, and aim of the book: an assessment of the suitability of corporate self-regulation of data protection as an instrument ... More


Corporate Governance Regulation

Carsten Gerner-Beuerle and Michael Schillig

in Comparative Company Law

Published in print:
2019
Published Online:
June 2019
ISBN:
9780199572205
eISBN:
9780191747397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199572205.003.0004
Subject:
Law, Company and Commercial Law, Comparative Law

This chapter first analyses whether the corporation is merely a profit-maximizing entity or performs a more inclusive, social function. It then discusses some basic economic concepts that are ... More


Corporate Governance Crises and Related Party Transactions: A Post-Parmalat Agenda

Joseph A. McCahery and Erik P.M. Vermeulen

in Corporate Governance in Context: Corporations, States, and Markets in Europe, Japan, and the US

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199290703
eISBN:
9780191700576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199290703.003.0012
Subject:
Law, Company and Commercial Law

This chapter focuses on the regulation of related party transactions by corporate managers and transactions by controlling shareholders which conflict with the interests of minority shareholders. It ... More


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

Anthony S. Barkow and Rachel E. Barkow (eds)

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814787038
eISBN:
9780814709375
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814787038.001.0001
Subject:
Law, Criminal Law and Criminology

In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing ... More


European Company Law and Corporate Governance: Where Does the Action Plan of the European Commission Lead?

Klaus J. Hopt

in Corporate Governance in Context: Corporations, States, and Markets in Europe, Japan, and the US

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199290703
eISBN:
9780191700576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199290703.003.0007
Subject:
Law, Company and Commercial Law

Company law reform in the European Union and European corporate governance is a fascinating area which is acutely relevant for companies and company law practice throughout Europe. This chapter ... More


Scandals, Regulation, and Supervisory Agencies: The European Perspective

Gerald Spindler

in Corporate Governance in Context: Corporations, States, and Markets in Europe, Japan, and the US

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199290703
eISBN:
9780191700576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199290703.003.0006
Subject:
Law, Company and Commercial Law

This chapter comments on the analysis of Jonathan R. Macey in Chapter 5. The interesting story of New York attorney general Eliot Spitzer's hostile takeover of the SEC seems for the European observer ... More


responsibility

Joshua Barkan

in Corporate Sovereignty: Law and Government under Capitalism

Published in print:
2013
Published Online:
August 2015
ISBN:
9780816674268
eISBN:
9781452947358
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816674268.003.0006
Subject:
Political Science, Public Policy

This chapter covers the discourses of corporate social responsibility and citizenship as relatively “deterritorialized” and “non-legal” responses to problems of corporate regulation. It explores two ... More


Inside-Out Enforcement

Lisa Kern Griffin

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/9780814787038.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines the role of private parties in criminal law enforcement of corporations,with particular emphasis on the compliance industry and corporate monitors. More specifically, it ... More


Changing Models in Corporate Governance – Implications of the US Sarbanes-Oxley Act

Gary M. Brown

in Corporate Governance in Context: Corporations, States, and Markets in Europe, Japan, and the US

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199290703
eISBN:
9780191700576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199290703.003.0008
Subject:
Law, Company and Commercial Law

On 30 July 2002, President George W. Bush signed into law the Sarbanes–Oxley Act of 2002. Many observers and commentators would say that the Sarbanes–Oxley Act is the single most important piece of ... More


Collaborative Organizational Prosecution

Brandon L. Garrett

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/9780814787038.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines the relationship between prosecutors and regulators in corporate cases, with particular emphasis on the merits of corporate regulation by prosecution. It first considers the ... More


Introduction

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/9780814787038.003.0001
Subject:
Law, Criminal Law and Criminology

This book explores the debate about the use of criminal law to regulate corporate conduct. More specifically, it considers the power of prosecutors to regulate corporations accused of criminal ... More


The Prosecutor as Regulatory Agency

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/9780814787038.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter examines the capacity of both state attorney generals and federal prosecutors to act as regulators based on democratic accountability, institutional competence, and procedural ... 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


The Institutional Structure of Antitrust Enforcement

Daniel A. Crane

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195372656
eISBN:
9780199893287
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372656.001.0001
Subject:
Law, Competition Law

This book provides a comprehensive treatment of the history, structure, and behavior of the various US institutions that enforce antitrust laws, such as the Department of Justice and the Federal ... 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


Reforming the Corporate Monitor?

Vikramaditya Khanna

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/9780814787038.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter offers suggestions for reforming and regulating the corporate monitor so as to improve the prosecution of corporate crime and corporate regulation more generally. It first examines the ... More


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