Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Agency (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Business Organizations Law (1)
- Criminal Law (1)
-
- Criminal Procedure (1)
- Criminology (1)
- Judges (1)
- Law Enforcement and Corrections (1)
- Law and Economics (1)
- Litigation (1)
- Policy Design, Analysis, and Evaluation (1)
- Psychology (1)
- Public Affairs, Public Policy and Public Administration (1)
- Social Control, Law, Crime, and Deviance (1)
- Social Psychology (1)
- Sociology (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
The Reverse Agency Problem In The Age Of Compliance, Asaf Eckstein, Gideon Parchomovsky
The Reverse Agency Problem In The Age Of Compliance, Asaf Eckstein, Gideon Parchomovsky
All Faculty Scholarship
The agency problem, the idea that corporate directors and officers are motivated to prioritize their self-interest over the interest of their corporation, has had long-lasting impact on corporate law theory and practice. In recent years, however, as federal agencies have stepped up enforcement efforts against corporations, a new problem that is the mirror image of the agency problem has surfaced—the reverse agency problem. The surge in criminal investigations against corporations, combined with the rising popularity of settlement mechanisms including Pretrial Diversion Agreements (PDAs), and corporate plea agreements, has led corporations to sacrifice directors and officers in order to reach settlements …
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
All Faculty Scholarship
This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.