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Full-Text Articles in Law
Can Corporate Monitorships Improve Corporate Compliance?, Cristie Ford, David Hess
Can Corporate Monitorships Improve Corporate Compliance?, Cristie Ford, David Hess
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Over the last few years, prosecutors and SEC enforcement attorneys have increasingly relied on settlement agreements (such as deferred prosecution agreements) to combat securities violations and other corporate criminal acts. Many of these agreements require the use of corporate monitors to oversee the corporation's compliance with the settlement and its implementation of a compliance program to prevent future violations of the law. Although these agreements have received significant attention from legislators and scholars, there has been no investigation into the critically important question of whether or not the use of corporate monitors achieves its intended goals. Based primarily on interviews …
Legal Transplants Through Private Contracting: Codes Of Vendor Conduct In Global Supply Chains As An Example, Li-Wen Lin
Legal Transplants Through Private Contracting: Codes Of Vendor Conduct In Global Supply Chains As An Example, Li-Wen Lin
All Faculty Publications
The legal transplant literature typically focuses on legal transplants through governmental channels (e.g., legislative or judiciary processes). This article however directs attention to a generally ignored phenomenon: legal transplants through private contracting in the globalization age. Private actors have transplanted a variety of private and public laws across jurisdictions through contracting for over a decade. This article argues that codes of vendor conduct in global supply chains are a vivid example for this type of legal transplantation. Given that vendor codes in global supply chains can be interpreted as legal transplants through private contracting, this article further examines the transplant …