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 Defending the Corporation in Criminal Prosecutions written by Alan Zarky and published by . This book was released on 1990 with total page 358 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 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 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 Corporate Governance written by Walter Effross and published by Aspen Publishing. This book was released on 2014-12-09 with total page 842 pages. Available in PDF, EPUB and Kindle. Book excerpt: Walter Effross is a superb teacher and succeeds in making a sometimes dry subject interesting to students. Corporate Governance contrasts schools of thought, explaining the conflicts between such theories as contractarianism and communitarianism, and such emerging academic approaches as empiricism and behavioral economics. The text includes excerpts from only the most important sections of judicial decisions along with their relevant factual and procedural context. Extensive notes address the reactions to decisions from other courts, commentators, counsel, and executives. Dozens of examples ripped from the headlines, excerpted from actual corporate documents, and drawn from popular culture illustrate key principles and spark class discussions. More than one hundred suggestions for paper topics are especially useful for participants in research and writing seminars. An appendix categorizes and details more than eighty separate initiatives that shareholder activists and commentators have proposed. A wide range of excerpts from corporate documents and court decisions interpreting these materials help students translate the caselaw and learn drafting techniques. The Second Edition reflects legislative, regulatory, judicial, and Fortune 500 developments since mid-2009 as well as new examples from corporate documents, the Great Books, and popular culture. Detailed coverage of new and emerging topics includes discussion of the governance of nonprofit corporations the emerging types of social enterprises such as benefit corporations, B corporations, and flexible purpose corporations; the board s responsibility to rein in the cyber-risks raised by hackers, e-mails, Web sites, and social media; and the implications for directors, officers, and counsel of new research on avoiding common cognitive traps that compromise decision-making in situations of risk and uncertainty. The Second Edition explores governance changes wrought by the financial crisis and reform legislation; the responsible corporate officer doctrine, the honest services doctrine, and other theories of executive liability; issues raised by crowdfunding ; and the consequences of the Citizens United decision removing limits on companies independent political expenditures. New appendices give detailed advice on identifying, developing, refining, and researching topics for articles and on using the publishing process to invigorate one s professional network and career.
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 Responsible Shares and Shared Responsibility written by Amy J. Sepinwall and published by . This book was released on 2016 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a corporation commit ...
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 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 Corporate and White Collar Crime written by Kathleen F. Brickey and published by Aspen Publishing. This book was released on 2021-02-23 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its focus on substantive law, Corporate and White Collar Crime: Cases and Materials provides systematic and comprehensive consideration of major white-collar crime statutes in the federal criminal code, securities laws, and environmental statutes. New to the 7th Edition: Shift in corporate prosecution policy and individual accountability from Obama-era Deputy Attorney General Sally Yates to Trump-era Deputy Attorney General Rod Rosenstein Obstruction of Justice as set out in the Mueller Report on the Investigation into Russian Interference in the 2016 Presidential Election High profile Supreme Court decision in the Bridgegate case, Kelly v. United States, 590 U.S. ___ (2020) on the limits of Honest Services Fraud prosecution Additional commentary on the apparent corporate crime wave, use of deferred prosecution and non-prosecution agreements, and white collar crime victims Professors and students will benefit from: Up-to-date examples of high-profile white collar crime investigations and legal opinions including the Supreme Court decision involving the Governor of Virginia and the Bridgegate case, as well as the Mueller investigation report Energetic and clear written explanations of white collar criminal offenses and concise case excerpts Attention to the Responsible Corporate Officer doctrine and individual responsibility for corporate crime more generally Case selection that clearly illustrates the elements of proof for the main federal white collar criminal offenses Teaching materials include: Case summaries Answers to the questions posed in the casebook Available in pdf form only
Download or read book Corporate Criminal and Tort Liability written by and published by . This book was released on 1993 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt:
