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Criminal Affirmance: Going Beyond The Deterrence Paradigm To Examine The Social Meaning Of Declining Prosecution Of Elite Crime, Mary K. Ramirez
Criminal Affirmance: Going Beyond The Deterrence Paradigm To Examine The Social Meaning Of Declining Prosecution Of Elite Crime, Mary K. Ramirez
mary k ramirez
Recent financial scandals and the relative paucity of criminal prosecutions against elite actors that benefitted from the crisis in response suggest a new reality in the criminal law system: some wrongful actors appear to be above the law and immune from criminal prosecution. As such, the criminal prosecutorial system affirms much of the wrongdoing giving rise to the crisis. This leaves the same elites undisturbed at the apex of the financial sector, and creates perverse incentives for any successors. Their incumbency in power results in massive deadweight losses due to the distorted incentives they now face. Further, this undermines the …
Blowing The Whistle On Whistleblower Protection: A Tale Of Reform Versus Power, Mary K. Ramirez
Blowing The Whistle On Whistleblower Protection: A Tale Of Reform Versus Power, Mary K. Ramirez
mary k ramirez
Abstract: Blowing the Whistle on Whistleblower Protection: A Tale of Reform Versus Power, by Mary Kreiner Ramirez Congress is currently considering expanding whistleblower protection, which the President has vowed to veto. With every wave of scandals or with each new political movement, Congress seems to include whistleblower protection. Yet, this article shows that after nearly 150 years of piecemeal evolution, whistleblowing remains fraught with risk. The protections extended to whistleblowers are a porous net rather than a secure blanket. Indeed, one should only enter these dangerous waters with the advice of counsel. The recent extension by Congress of whistleblower protection …