Law Commons^™

Individual Liability Of Agents For Corporate Crimes Under The Proposed Federal Criminal Code, Stephen D. Goodwin

Vanderbilt Law Review

In discussing the contours of individual liability under section 403, this Note has not attempted to criticize the section's draftsmanship or counsel against its adoption. The philosophy of liability reflected in section 403 wisely avoids the imposition of vicarious liability on corporate officials. The defendant's personal misconduct, failure to act, or reckless failure to supervise invoke the sanctions of the provisions. In addition, subsections (b) and (c) provide a theoretical underpinning for punishing omissions that is preferable to the indicia of artificial "participation" relied upon in former state and federal cases.

This Note has also attempted to establish some limitations …

Perspectives On The Transfer Of Prisoners Between The United States And Mexico And The United States And Canada, M. Cherif Bassiouni

Vanderbilt Journal of Transnational Law

Transfers of convicted offenders have recently begun under United States treaties with Mexico and Canada. Both treaties were ratified by the Senate in July, 1977, and implementing legislation was enacted on October 28, 1977. The treaties represent pioneering efforts in international penal cooperation, and like all such efforts they pose novel operational and constitutional challenges. This article will outline the transfer procedures and highlight some substantive constitutional issues.