articlestag:pointoflaw.com,2011-12-28:/articles//122012-01-09T15:57:22ZMovable Type 5.02The First Amendment and Corporate Governance tag:pointoflaw.com,2012:/articles//12.88852012-01-09T15:52:14Z2012-01-09T15:57:22ZABSTRACTBridget Carroll
Larry E. Ribstein, Illinois Pub. Law. Research Paper No. 10-24, 2011
PROXY MONITOR REPORT: A Report on Corporate Governance and Shareholder Activism tag:pointoflaw.com,2012:/articles//12.88842012-01-09T15:50:46Z2012-01-09T16:01:57ZREPORTBridget Carroll
James R. Copland, Proxy Monitor Report, Fall 2011]]>
REGULATION BY PROSECUTION: The Problems with Treating Corporations as Criminals tag:pointoflaw.com,2012:/articles//12.88862012-01-09T14:59:15Z2012-01-09T16:01:07ZREPORTBridget Carroll
]]>
James R. Copland, Civil Justice Report No. 13, December 2010
Vicarious Corporate Liability: Judges Should Credit Diligent Compliance When Evaluating Criminal Intenttag:www.pointoflaw.com,2009:/articles//12.63382009-03-12T16:29:31Z2009-06-03T14:50:40ZDOWNLOAD PDFpol admin
Kowal argues for a restored balance in government prosecution of corporations, which can be held liable for employee conduct that was "neither authorized nor condoned." Kowal focuses on corporate compliance programs, designed to reinforce legal norms, and argues that they should be credited more fully by government investigators.
Steven M. Kowal, Washington Legal Foundation Legal Backgrounder, March 2009]]>
Enacting Principled, Nonpartisan Criminal-Law Reform: A Memo to President-elect Obamatag:www.pointoflaw.com,2009:/articles//12.63392009-01-12T17:32:59Z2009-06-03T14:51:17ZABSTRACTpol admin
In this paper, Brian Walsh urges the Obama Administration to pursue four important criminal law reforms: strengthening criminal-intent requirements and presumptions in favor of defendants with regard to ambiguous statutes, protecting the attorney-client privilege, reforming the Federal Criminal Code, and reforming federal grand jury practices.
Brian Walsh, Heritage Foundation Special Report 42, January 2009]]>
Mens Rea Requirement: A Critical Casualty of Overcriminalizationtag:www.pointoflaw.com,2009:/articles//12.63362008-12-12T17:20:15Z2009-06-03T14:49:57ZDOWNLOD PDFpol admin
mens rea, the "the fundamental principle that punishment requires personal fault." Hasnas argues that both federal and state governments have eroded this principle by "passing statutes that criminalize innocent or merely negligent behavior or that are so broadly defined that citizens cannot be sure when they are violating the law."]]>
John Hasnas, Washington Legal Foundation Legal Opinion Letter, December 2008]]>
Making It a Federal Case: An Inside View of the Pressures to Federalize Crimetag:www.pointoflaw.com,2009:/articles//12.63412008-08-12T16:41:01Z2009-06-03T14:52:21ZABSTRACTpol admin
In recent years, the number of federal crimes on the books has proliferated. This paper assesses the underlying political pressures that encourage the federalization of criminal conduct, and uses that assessment to inform reform objectives.
Rachel Brand, Heritage Foundation Legal Memorandum 30, August 2008]]>
Revisiting the Explosive Growth of Federal Crimestag:www.pointoflaw.com,2009:/articles//12.63402008-06-12T16:36:57Z2009-06-03T14:51:51ZABSTRACTpol admin
Professor Baker examines the significant growth in federal criminal offenses and counts at least 4,450 federal crimes. He interprets his results and includes a discussion of the troubling tendency of federal statutes to dispense of traditional mens rea requirements. In an appendix, Professor Baker lists all the new federal crimes written into the code from 2000 through 2007.
John S. Baker, Jr., Heritage Foundation Legal Memorandum 26, June 2008]]>
Culture of Privilege Waiver Compromises Corporate Compliancetag:www.pointoflaw.com,2009:/articles//12.63372007-05-12T16:26:05Z2009-06-03T14:44:54ZDOWNLOAD PDFpol admin
Government investigators have increasingly begun to press corporations to waive the attorney-client privilege. Harris argues that such pressure actually works to undermine corporate compliance with the law, since such corporate behavior depends on the full disclosure and open communication that the attorney-client privilege undergirds.
Paul Clinton Harris, Sr., Washington Legal Foundation Legal Backgrounder, May 2007]]>
Criminal Liability for Document Shredding after Arthur Anderson LLPtag:www.pointoflaw.com,2009:/articles//12.62872006-12-05T19:29:47Z2009-06-03T14:45:37Zpol admin
Arthur Anderson LLP v. United States, the authors argue that document destruction is not an inherently wrongful activity and that impeding a federal investigation is likewise sometime morally and legally permissible. They conclude that scienter requirements clarified in existing federal decisional law should be explicitly applied to future criminal cases involving document destruction.]]>
Albert D. Spaulding, Jr. and Mary Ashby Morrison, 43 Am. Bus. L.J. 647 (Winter 2006)]]>
What We Have Here Is Failure to Cooperate: The Thompson Memorandum and Federal Prosecution of White-Collar Crimetag:www.pointoflaw.com,2009:/articles//12.63422006-11-12T18:29:59Z2009-05-12T18:24:52ZABSTRACTpol admin
This paper assesses the federal government's regulation of white-collar criminal prosecution as articulated in the 2003 memorandum issued by then-Deputy Attorney General Larry Thompson. In particular, the paper is critical of the memorandum's open inducement to corporations under investigation to waive attorney-client privilege and refuse to advance attorneys' fees to individual defendants. The paper proposes specific reforms to reduce the tendency of government prosecutions to infringe on important individual liberties.
Brian Walsh and Henry Aaron, Heritage Foundation Legal Memorandum 19, November 2006]]>
Waiver of the Attorney-Client Privilege: A Balanced Approachtag:www.pointoflaw.com,2009:/articles//12.63352006-05-12T16:14:49Z2009-06-03T14:49:27ZDOWNLOAD PDFpol admin
Upjohn Co. v. United States. He urges corporations to find ways to comply with government investigators' demands without waiving privilege and suggests that corporations be afforded the right to appeal waiver requests to high-ranking Justice officials.]]>
Dick Thornburgh, Washington Legal Foundation Monograph (2006)]]>
Bringing Coherence to Mens Rea Analysis for Securities-Related Offensestag:www.pointoflaw.com,2009:/articles//12.62892006-05-05T18:33:06Z2009-06-03T14:46:51ZDOWNLOAD PDFpol admin
mens rea requirements of federal securities law might be interpreted in light of the MPC framework and proposes that Congress act to clarify this area of federal law.]]>
Michael L. Seigel, 2006 Wis. L. Rev. 1563]]>
Data Watch: Tort-uring the Datatag:www.pointoflaw.com,2005:/articles//12.13352005-07-19T13:37:20Z2005-07-19T13:41:05ZABSTRACT
pol admin
This article is the best available discussion of known data available for U.S. tort research. The paper describes the various datasets useful for cross-sectional research, both generally and for specific types of civil litigation, including medical malpractice. The authors also discuss in some detail the limitations of each dataset, and the overall data limitations in this field.
Eric Helland, Jonathan Klick, and Alexander Tabarrok, 19 J. Econ. Perspectives 207-220 (Spring 2005)
The Overcriminalization Phenomenontag:www.pointoflaw.com,2009:/articles//12.62912005-05-05T18:34:48Z2009-06-03T14:48:00ZDOWNLOAD PDFpol admin
This article chronicles the recent rapid expansion and federalization of the criminal law, and the political forces that have driven it. The author argues that society has gone too far, "overcriminalizing" morally unobjectionable activities and resorting to criminal prosecutions to address social problems that could be better handled through regulation or civil enforcement.
Erik Luna, 54 Am. U.L. Rev. 703 (2005)]]>