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Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell
Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell
Faculty Scholarship
Present sentencing law in criminal cases of financial reporting fraud is embarrassingly flawed. The problem is urgent given that courts are now regularly sentencing corporate offenders, sometimes (but sometimes not) to extremely punitive terms of imprisonment. Policing of fraud by multiple jurisdictions in a federal system means that principled sentencing law is necessary not only for first-order policy reasons but also for coordination of sanctioning efforts. Proportionality and rationality demand that sentencing law have an agreed scale for measuring cases of financial reporting fraud in relation to each other, a sound methodology for fixing a given case on that scale, …
Purposes And Effects In Criminal Law, Samuel W. Buell
Purposes And Effects In Criminal Law, Samuel W. Buell
Faculty Scholarship
This brief comment, published in the Virginia Law Review's online companion, responds to Richard Bierschbach's and Alex Stein's article, Mediating Rules in Criminal Law.
The Expressive Capacity Of International Punishment: The Limits Of The National Law Analogy And The Potential Of International Criminal Law, Robert D. Sloane
The Expressive Capacity Of International Punishment: The Limits Of The National Law Analogy And The Potential Of International Criminal Law, Robert D. Sloane
Faculty Scholarship
Modern international criminal law (ICL) developed in the aftermath of World War II as an alternative to the proposal, espoused by Winston Churchill among others, that major Axis war criminals be summarily executed on sight. Because of this pedigree and the unconscionable nature of the crimes, ICL jurisprudence and scholarship have largely neglected the paramount question fundamental to any criminal justice system: the justifications for and legitimate goals of punishment. Insofar as a coherent jurisprudence of ICL sentencing can be said to exist at all, it remains correspondingly impoverished and unprincipled - comparable in some respects to that of the …