This is a good time to revisit the normative, doctrinal, and policy-laden foundations of the corporate criminal law. With a new administration in the White House calling for a repeal of the costliest of corporate regulations and legislative reforms, it is tempting to speculate about the changing role of corporate compliance, and whether there will be much support for resort to corporate criminal liability. In a draft working paper entitled The Missing Account of Progressive Corporate Criminal Law (PDF: 1.43 MB), I contrast the constituent positions taken on corporate criminal liability, and propose one that is distinctly progressive. Continue reading
Compliance and Enforcement
