Heminway on Corporate Criminal Liability and Citizens United

Joan MacLeod Heminway (University of Tennessee College of Law) has posted Thoughts on the Corporation as a Person for Purposes of Corporate Criminal Liability (Stetson Law Review, Vol. 41, 2011) on SSRN. Here is the abstract:

This brief piece explores basic connections between Citizens United v. Federal Election Commission and corporate criminal liability. An opinion of the Tennessee Attorney General released after Citizens United acts as a further discussion catalyst for, and illustration of, the arguments advanced in this Article. Ultimately, the Article urges a way of looking at corporate criminal liability that is not 'wooden' - an approach that shows some sensitivity to issues of policy and theory (including those related to agency law and punishment).