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Full-Text Articles in Law
A Restatement Of Corporate Criminal Liability’S Theory And Research Agenda, Samuel W. Buell
A Restatement Of Corporate Criminal Liability’S Theory And Research Agenda, Samuel W. Buell
Faculty Scholarship
This Article, for a collection in which authors were asked to “imagine a world without corporate criminal liability,” specifies the material questions that should be addressed if debate about the doctrine is to progress past longstanding and oft-repeated assertions. The strongest case for corporate criminal liability is based on the potential for its unique reputational effects to contribute to the prevention and deterrence of crime within corporations. Further research should take up a variety of unanswered questions about those effects having to do with mechanisms and audiences. The relevant inquiries are both theoretical and empirical. Answers will lie in further …
Declining Corporate Prosecutions, Brandon L. Garrett
Declining Corporate Prosecutions, Brandon L. Garrett
Faculty Scholarship
In the aftermath of the Global Financial Crisis, people across the United States protested that "too big to jail" banks were not held accountable after the financial crisis. Little has changed. Newly collected data concerning enforcement during the Trump Administration has made it possible to assess what impact a series of new policies has had on corporate enforcement. To provide a snapshot comparison, in its last twenty months, the Obama Administration levied $I4.15 billion in total corporate penalties by prosecuting seventy-one financial institutions and thirty-four public companies. During the first twenty months of the Trump Administration, corporate penalties declined to …
The Responsibility Gap In Corporate Crime, Samuel W. Buell
The Responsibility Gap In Corporate Crime, Samuel W. Buell
Faculty Scholarship
In many cases of criminality within large corporations, senior management does not commit the operative offense — or conspire or assist in it — but nonetheless bears serious responsibility for the crime. That responsibility can derive from, among other things, management’s role in cultivating corporate culture, in failing to police effectively within the firm, and in accepting lavish compensation for taking the firm’s reins. Criminal law does not include any doctrinal means for transposing that form of responsibility into punishment. Arguments for expanding doctrine — including broadening of the presently narrow “responsible corporate officer” doctrine — so as to authorize …
The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale
The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale
Faculty Scholarship
No abstract provided.
The Curious Case Of Corporate Criminality, Erik Luna
The Curious Case Of Corporate Criminality, Erik Luna
Scholarly Articles
No abstract provided.
Some Thoughts On Proposed Revisions To The Organizational Guidelines, Julie R. O'Sullivan
Some Thoughts On Proposed Revisions To The Organizational Guidelines, Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
In this article, Professor O'Sullivan, who served as the reporter for the U.S. Sentencing Commission's Ad Hoc Advisory Group for Organizational Sentencing Guidelines, reflects on that Group's work. She concludes that the potential impact of many of the policy fixes within the power of the Sentencing Commission is dwarfed by decisions that lie solely within the power of the Department of Justice or Congress. Specifically, Department of Justice decisions regarding what constitutes organizational "cooperation" may have a determinative impact on organizational incentives regarding compliance efforts and decisions to investigate, self-report, and cooperate in the remediation of organizational wrongdoing. Professor O'Sullivan …