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With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
A corporation is criminally liable for the federal crimes its employees or agents commit in its interest. Corporate officers, employees, and agents are individually liable for the crimes they commit, for the crimes they conspire to commit, for the foreseeable crimes their co-conspirators commit, for the crimes whose commission they aid and abet, and for the crimes whose perpetrators they assist after the fact. Individual criminal statutes, Justice Department policies, and the Sentencing Guidelines largely dictate the circumstances under which, and the extent to which, agents, employees, corporations, and similar unincorporated entities are prosecuted and punished. This book provides a brief overview of federal law in the area. The book also provides a brief discussion of the legislation, the legal background, and a chronology of related issues and events.
Limited Liability Company and Partnership Answer Book
Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.
What enables some organizations to routinely perform better than others? Conversely, what makes some firms consistently perform worse than their competitors? Within a single corporation, what enables some teams or individual firm members to outperform their counterparts? Through the concept of social capital, this book addresses these questions by studying the effects of relationship networks on the ability of corporate players (firms and their members) to attain their professional goals. The idea of social capital has become one of the premier approaches to studying networks in the context of organizations but the literature still lacks a conceptual paradigm that connects the various approaches, definitions and measure of social capital into an integrated analytical model. By explicitly connecting social networks to the goals of corporate players, this book provides a unifying framework to the study of social capital in an organizational context. In this volume `social capital' is defined as the resources that accrue to an actor through his or her social relationships and that aid in the attainment of goals. The book introduces the new notion of `social liability' as a framework to analyze the negative effects social networks can have on the attainment of goals by firms and/or their members. Corporate Social Capital and Liability thus presents a new way to tie together findings and approaches in the literature by explicitly addressing the distinction between networks and outcomes, the distinction between networks at the level of firms and networks at the level of individuals, and the distinction between positive outcomes of social structure (social capital) and negative outcomes (social liability). The book's contributors are forty-six acclaimed scholars from around the world with backgrounds in management, business and sociology. Together, they describe how social relationships within and between firms positively affect the ability of corporations to achieve fruitful alliances; gain access to information, resources, knowledge and financial capital; and recruit qualified personnel. The book makes an explicit distinction between networks at the level of firms and networks at the level of individuals. The outcomes of networks are also considered at these different analytical levels by addressing such questions as: how do social relationships between firms assist firms and individuals in the attainment of their goals? How do these relationships obstruct goals? What is the effect of networks between individuals (within and between firms) on the performance of these individuals and the firms they work for? Can networks be managed to yield social capital rather than social liability? The unifying framework of social capital and social liability is helpful in studying business enterprises, and also useful in other disciplines which analyze social networks and organizations, such as community studies, economics, and political science.
Shareholder litigation and class action suits play a key role in protecting investors and regulating big businesses. But Directors and Officers liability insurance shields corporations and their managers from the financial consequences of many illegal acts, as evidenced by the recent Enron scandal and many of last year’s corporate financial meltdowns. Ensuring Corporate Misconduct demonstrates for the first time how corporations use insurance to avoid responsibility for corporate misconduct, dangerously undermining the impact of securities laws. As Tom Baker and Sean J. Griffith demonstrate, this need not be the case. Opening up the formerly closed world of corporate insurance, the authors interviewed people from every part of the industry in order to show the different instances where insurance companies could step in and play a constructive role in strengthening corporate governance—yet currently do not. Ensuring Corporate Misconduct concludes with a set of readily implementable reforms that could significantly rehabilitate the system.
Introduction to Business covers the scope and sequence of most introductory business courses. The book provides detailed explanations in the context of core themes such as customer satisfaction, ethics, entrepreneurship, global business, and managing change. Introduction to Business includes hundreds of current business examples from a range of industries and geographic locations, which feature a variety of individuals. The outcome is a balanced approach to the theory and application of business concepts, with attention to the knowledge and skills necessary for student success in this course and beyond. This is an adaptation of Introduction to Business by OpenStax. You can access the textbook as pdf for free at openstax.org. Minor editorial changes were made to ensure a better ebook reading experience. Textbook content produced by OpenStax is licensed under a Creative Commons Attribution 4.0 International License.