Download or read book The Current State of the Responsible Corporate Officer Doctrine written by Joseph Edward Cole and published by . This book was released on 2002 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Officers Beware written by Thomas H. Shepherd and published by . This book was released on 2012 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The expansion of the responsible corporate officer doctrine into civil liability has been rapid and persistent since the decision in United States v. Hodges X-Ray in 1986 bridged the gap between the doctrine's creation to circumvent the mens rea requirement in criminal violations of public health and welfare statutes and civil liability where scienter is not required. Courts have since applied the doctrine to civil liability under various federal and state environmental statutes. Recently, courts have applied the doctrine to impose civil liability against corporate officers under the Clean Water Act. In doing so, these courts have misapplied earlier case law, confused the doctrine with "individual" liability under the act, and blindly relied upon similarly flawed decisions. In the process, the clear intent of Congress is ignored as set forth in the unique, deliberate, and precise language of the enforcement provision of the Act"--Page iv.

Download or read book The Leniency of the Burden of Proof Pursuant to the Responsible Corporate Officer Doctrine written by Ronique J. Bastine and published by . This book was released on 1996 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Responsible Corporate Officer Doctrine written by Joseph G. Block and published by . This book was released on 1992 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Can Strict Criminal Liability for Responsible Corporate Officers Be Justified by the Duty to Use Extraordinary Care written by Kenneth W. Simons and published by . This book was released on 2017 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: The responsible corporate officer (RCO) doctrine is, as a formal matter, an instance of strict criminal liability: the government need not prove the defendant's mens rea in order to obtain a conviction, and the defendant may not escape conviction by proving lack of mens rea. Formal strict liability is sometimes consistent with retributive principles, especially when the strict liability pertains to the grading of an offense. But is it consistent with retributive principles when strict liability pertains, not to grading, but to whether defendant has crossed the threshold from noncriminal to criminal conduct?In this essay, I review the two most plausible arguments supporting an affirmative answer in the context of the RCO doctrine. First, perhaps this doctrine reflects a rule-like form of negligence, akin to a rule that prohibits selling alcohol to a minor. Second, perhaps this doctrine expresses a duty to use extraordinary care to prevent a harm.Neither argument is persuasive. The first argument, although valid in some circumstances, fails to explain and justify the RCO doctrine. The second argument, a duty to use extraordinary care, is also inadequate. If “extraordinary care” simply means a flexibly applied negligence standard that considers the burdens and benefits of taking a precaution, it is problematic in premising criminal liability on ordinary negligence. If instead it refers to a higher duty of care, it has many possible forms, such as requiring only a very slight deviation from a permissible or justifiable standard of conduct, placing a “thumb” on the scale of the Learned Hand test, identifying an epistemic standard more demanding than a reasonable person test, or recognizing a standard that is insensitive to individual capacities. However, some of these variations present a gratuitous or incoherent understanding of negligence, and none of them sufficiently explains and justifies the RCO doctrine.

Download or read book The Trial of Joseph Dotterweich written by Craig S. Lerner and published by . This book was released on 2017 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article analyzes the ...

Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book FDA in the Twenty First Century written by Holly Fernandez Lynch and published by Columbia University Press. This book was released on 2015-09-08 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its decades-long effort to assure the safety, efficacy, and security of medicines and other products, the Food and Drug Administration has struggled with issues of funding, proper associations with industry, and the balance between consumer choice and consumer protection. Today, these challenges are compounded by the pressures of globalization, the introduction of novel technologies, and fast-evolving threats to public health. With essays by leading scholars and government and private-industry experts, FDA in the Twenty-First Century addresses perennial and new problems and the improvements the agency can make to better serve the public good. The collection features essays on effective regulation in an era of globalization, consumer empowerment, and comparative effectiveness, as well as questions of data transparency, conflicts of interest, industry responsibility, and innovation policy, all with an emphasis on pharmaceuticals. The book also intervenes in the debate over off-label drug marketing and the proper role of the FDA before and after a drug goes on the market. Dealing honestly and thoroughly with the FDA's successes and failures, these essays rethink the structure, function, and future of the agency and the effect policy innovations may have on regulatory institutions abroad.

Download or read book Evaluating the Propriety and Adequacy of the Oxycontin Criminal Settlement written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-23 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluating the propriety and adequacy of the Oxycontin criminal settlement : hearing before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, first session, July 31, 2007.

Download or read book For the Defense written by and published by . This book was released on 1994 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Air Pollution Control Law written by Arnold W. Reitze and published by Environmental Law Institute. This book was released on 2001 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt: Air Pollution Control Law provides explanation of the legislative provisions, regulatory requirements, and court decisions that comprise the body of air pollution control law.

Download or read book Capital Offenses Business Crime and Punishment in America s Corporate Age written by Samuel W. Buell and published by W. W. Norton & Company. This book was released on 2016-08-16 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the lead prosecutor on the Enron investigation, an eye-opening examination of the explosion of American white-collar crime. If “corporations are people too,” why isn’t anyone in jail? A serious defect in a GM car causes accidents; Enron scams investors out of their money; banks bet on the housing market crash and win. In the race to maximize profits, corporations can behave in ways that are morally outrageous but technically legal. In Capital Offenses, Samuel Buell draws on the unique pairing of his expertise as a Duke University law professor and his personal experience leading the investigation into Enron—the biggest white-collar crime case in U.S. history—to present an in-depth examination of business crime today At the heart of it sits the limited liability corporation, simultaneously the bedrock of American prosperity and the reason that white-collar crime is difficult to prosecute—a brilliant legal innovation that, in its modern form, can seem impossible to regulate or even manage. By shielding employees from legal responsibility, the corporation encourages the risk-taking that drives economic growth. But its special legal status and its ever-expanding scale place daunting barriers in the way of federal and local investigators. Detailing the complex legal frameworks that govern both corporations and the people who carry out their missions, Buell shows that deciphering business crime is rarely black or white. In lucid, thought-provoking prose, he illuminates the depths of the legal issues at stake—delving into fraudulent practices like Ponzi schemes, bad accounting, insider trading, and the art of “loopholing”—showing how every major case and each problem of law further exposes the ambivalence and instability at the core of America’s relationship with its corporations. An expert in criminal law, Buell masterfully examines the limits of too permissive or overzealous prosecution of business crimes. Capital Offenses invites us to take a fresh look at our legal framework and learn how it can be used to effectively discipline corporations for wrongdoing, without dismantling the corporation.

Download or read book Environmental Law and Enforcement written by Gregor I. McGregor and published by CRC Press. This book was released on 1994-04-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amid all the laws and regulations on environmental protection and worker safety, what is the responsible business or landowner to do? What should the responsible consultant advise? Environmental Law and Enforcement provides you with a practical guide that takes the mystery out of environmental law and related land use controls. The author provides a synopsis of major environmental topics from A to Z and features citations to the major federal statutes in the United States Code (USC) and the Code of Federal Regulations (CFR) so you can easily find governing statutes and regulations. Special sections discuss the use of experts in case preparation and how to be an effective case witness. A checklist for compliance with the National Environmental Policy Act is included. The book covers strategies to cope with landowner liability for hazardous waste, consultant liability for mistakes in hazardous waste site assessments, and guidelines for emergency managers to minimize legal liability. The section on insurance liability provides practical approaches to dealing with insurance companies on hazardous waste claims. The successful organization will manage for environmental protection as a corporate goal, and consequently stays ahead of new government requirements-away from lawyers and lawsuits-and ahead of the competition. Environmental Law and Enforcement gives you the tools you need to achieve this mission.

Download or read book Director Liability in Agricultural Cooperatives written by Douglas Fee and published by . This book was released on 1984 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Blumberg on Corporate Groups written by Phillip I. Blumberg and published by Wolters Kluwer. This book was released on 2005-01-01 with total page 5804 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new five volume "Second Edition" of "Blumberg on

Download or read book Practical Guide to Environmental Management written by Frank Friedman and published by Environmental Law Institute. This book was released on 2003 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aimed at environmental and business professionals, this text explains how to create and maintain an effective corporate environmental management program. Corporate environmental lawyer Friedman begins with an overview of the history of environmental law. Other topics include, for example, reducing w