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Jurisprudence Commons

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Full-Text Articles in Jurisprudence

Course Materials On The Law Of Socialist Countries, Julian Juergensmeyer Nov 2015

Course Materials On The Law Of Socialist Countries, Julian Juergensmeyer

Julian C. Juergensmeyer

No abstract provided.


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 ...


Structuring Subsidiarity, Grounding Solidarity, Thomas Kohler Dec 2014

Structuring Subsidiarity, Grounding Solidarity, Thomas Kohler

Thomas C. Kohler

No abstract provided.