Sunday, February 27, 2011
Sanctioning Corporations, by Meir Dan-Cohen, University of California, Berkeley - School of Law, was recently posted on SSRN. Here is the abstract:
The question of corporate criminal liability should be split into (at least) two questions: (1) Should corporations be subject to criminal sanctions? (2) Should these sanctions be subject to the same substantive, procedural, and evidentiary constraints as those that apply in the case of individual defendants? I argue for a positive answer to the first question, and a negative answer to the second.