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Full-Text Articles in Criminal Law

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson Sep 2015

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
This vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in …

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Conviction And Punishment: Free Press And Competitive Election As Deterrents To Corruption, Xiaowen Tian, Vai Lo Jul 2010

Conviction And Punishment: Free Press And Competitive Election As Deterrents To Corruption, Xiaowen Tian, Vai Lo

Xiaowen Tian

Democratic institutions are not equally effective in curbing corruption. Using a criminal behavior model, this study formulates the hypothesis that corruption offenders, being risk-inclined, are deterred more by conviction-reinforcing democratic institutions than by punishment-reinforcing democratic institutions. Evidence based on cross-country regressions strongly supports this hypothesis, indicating that compared with competitive election, free press is a more effective deterrent to corruption. While shedding light on why corruption remains rampant in some electoral democracies - particularly the illiberal democracies - this study identifies a key to corruption control.

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Federal Courts — Proposed Changes To The Ninth Circuit And The Federal Courts Of Appeals — Final Report Of The Commission On Structural Alternatives For The Federal Courts Of Appeals; And S. 253, The Ninth Circuit Reorganization Act, Josephine Sandler Nelson Dec 1999

Federal Courts — Proposed Changes To The Ninth Circuit And The Federal Courts Of Appeals — Final Report Of The Commission On Structural Alternatives For The Federal Courts Of Appeals; And S. 253, The Ninth Circuit Reorganization Act, Josephine Sandler Nelson

J.S. Nelson

No abstract provided.

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