Postwar Legal Scholarship On Judicial Decision Making, Jan Vetter
Dec 2015
Postwar Legal Scholarship On Judicial Decision Making, Jan Vetter
Jan Vetter
No abstract provided.
Educational Choice And The Courts: U.S. And Germany, John Coons
Dec 2015
Educational Choice And The Courts: U.S. And Germany, John Coons
John Coons
No abstract provided.
Students' Demand For Diverse Faculty Is A Demand For A Better Education, Tanya Washington
Dec 2015
Students' Demand For Diverse Faculty Is A Demand For A Better Education, Tanya Washington
Tanya Monique Washington
No abstract provided.
Dean's Desk: Legal Clinics Cultivate Essential Lawyering Skills, Andrea Lyon
Nov 2015
Dean's Desk: Legal Clinics Cultivate Essential Lawyering Skills, Andrea Lyon
Andrea D. Lyon
No abstract provided.
The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson
Jun 2015
The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson
Philip M. Ferguson
This chapter focuses on the logic and history of the continuum of placements for people with intellectual disabilities.
The Ethical Slide, Train Tickets, And Helping The Next Generation Of Corporate Leaders To Choose Differently, J.S. Nelson
Jan 2015
The Ethical Slide, Train Tickets, And Helping The Next Generation Of Corporate Leaders To Choose Differently, J.S. Nelson
J.S. Nelson
Sometimes bad ethical behavior is simply the result of making obviously poor decisions. Consider the very human case of
Jonathan Burrows, the former …
The Intracorporate Conspiracy Doctrine And D&O Litigation Incentives, J.S. Nelson
Jan 2015
The Intracorporate Conspiracy Doctrine And D&O Litigation Incentives, J.S. Nelson
J.S. Nelson
The Intracorporate Conspiracy Doctrine And Ceo Turnover, J.S. Nelson
Jan 2015
The Intracorporate Conspiracy Doctrine And Ceo Turnover, J.S. Nelson
J.S. Nelson
My previous blogposts (
one,
two,
three,
four,
five,
six, and
seven) discussed why conspiracy prosecutions were the best method to penalize coordinated wrongdoing by agents within an organization. Using alternative doctrines to impose liability on behavior that would otherwise be recognized as an
intracorporate conspiracy results in flawed incentives and disproportionate awards.
Frustration With The Intracorporate Conspiracy Doctrine Distorts Other Areas Of Law, J.S. Nelson
Jan 2015
Frustration With The Intracorporate Conspiracy Doctrine Distorts Other Areas Of Law, J.S. Nelson
J.S. Nelson
My previous blogposts (
one,
two,
three,
four,
five, and
six) discussed why conspiracy prosecutions should be used to reach coordinated wrongdoing by agents within an organization. The
intracorporate conspiracy doctrine has distorted agency law and inappropriately handicaps the ability of tort and criminal law to regulate the behavior of organizations and their agents.
My
Intracorporate Conspiracy Trap article argues that the intracorporate conspiracy doctrine is not properly based in agency law, and that it should most certainly not be applied throughout tort law and criminal law. As a result of the immunity granted …
The Silenced Connecticut Sex-Abuse Case, J.S. Nelson
Jan 2015
The Silenced Connecticut Sex-Abuse Case, J.S. Nelson
J.S. Nelson
My previous blogposts (
one,
two,
three,
four, and
five) introduced why conspiracy prosecutions should be used to reach wrongdoing by agents within an organization. The 2012 prosecution of
Monsignor Lynn for twelve years of transferring predator priests from parish to parish at the command and for the benefit of the Archdiocese of Philadelphia was defeated by the
intracorporate conspiracy doctrine. Moreover, this was not the first time that the Roman Catholic Church had used the doctrine to help its bureaucrats escape liability for suppressing sex abuse cases.
In 1997, employees of the Roman …
How We Should Have Tried Monsignor Lynn, J.S. Nelson
Jan 2015
How We Should Have Tried Monsignor Lynn, J.S. Nelson
J.S. Nelson
My previous blogposts (
one,
two,
three, and
four) introduced why conspiracy prosecutions should be used to reach wrongdoing by agents within a business organization. The same legal analysis applies to
religious organizations.
We should have been able to charge
Monsignor Lynn and the Archdiocese of Philadelphia that directed his actions to hide the sexual abuse by priests with criminal conspiracy. Instead, Pennsylvania charged Lynn with two things: child endangerment and conspiracy
with the priests.
Sex Abuse, Priests, And Corporate Conspiracy, J.S. Nelson
Jan 2015
Sex Abuse, Priests, And Corporate Conspiracy, J.S. Nelson
J.S. Nelson
My previous blogposts (
one,
two, and
three) introduced the topic of how the
intracorporate conspiracy doctrine prevents the prosecution of coordinated wrongdoing by individuals within organizations. This post illustrates the doctrine’s effect in the context of a specific organization—here a religious one: the Roman Catholic Archdiocese of Philadelphia and the systematic transfer of predator priests. This post is based on my article
The Intracorporate Conspiracy Trap to be published soon in the
Cardozo Law Review. The article is available in draft form
here.
For twelve years, from 1992 to 2004, as Secretary for Clergy, …
Where Are The Prosecutions For Corporate Conspiracy?, J.S. Nelson
Jan 2015
Where Are The Prosecutions For Corporate Conspiracy?, J.S. Nelson
J.S. Nelson
My
first and
second blogposts introduced why conspiracy prosecutions are particularly important for reaching the coordinated actions of individuals when the elements of wrong-doing may be delegated among members of the group.
So where are the prosecutions for corporate conspiracy??? The Racketeer Influenced and Corrupt Organizations Act of 1970 (“RICO”, 18 U.S.C.A. §§ 1961 et seq.),
no longer applies to most business organizations and their employees. In fact, business organizations working together with outside agents can
form new protected “enterprises.”
What’s going on here? In this area and many other parts of the law, we are witnessing the power …
Jpmorgan’S Witness And The Holes In Corporate Criminal Law, J.S. Nelson
Jan 2015
Jpmorgan’S Witness And The Holes In Corporate Criminal Law, J.S. Nelson
J.S. Nelson
Corporate Conspiracy Charges For The Financial Crisis, J.S. Nelson
Jan 2015
Corporate Conspiracy Charges For The Financial Crisis, J.S. Nelson
J.S. Nelson
In my
previous blogpost, I granted the merit of defense counsel’s argument that the actions of discrete individual defendants—when the law is not permitted to consider the coordination of those actions—may not satisfy the elements of a prosecutable crime.
But what is the coordination of individuals for a wrongful common purpose? That’s a conspiracy. And, for exactly the reasons that defense counsel articulates, these types of crimes cannot be reached by other forms of prosecution. The
U.S. Supreme Court has recognized that conspiracy is its own animal. “[C]ollective criminal agreement—partnership in crime—presents a greater potential threat to the public than individual …