Sunday, February 20, 2005
Co-Blogger Peter Henning has a new piece in the Buffalo Criminal Law Review, now available on SSRN titled, "Sarbanes-Oxley Act Section 307 and Corporate Counsel: Who Better to Prevent Corporate Crime?" The article "argues that the SEC should adopt the withdrawal portion of the noisy withdrawal rule, and that withdrawal should be mandatory for both outside counsel and in-house lawyers when they become aware of corporate misconduct and the corporation refuses to take adequate remedial measures." The rationale for this approach is explained in detail in the article.
SSRN also reports that Professor Stuart Green has a chapter in a book titled "DEFINING CRIMES: ESSAYS ON THE CRIMINAL LAW'S SPECIAL PART R.A." Duff & Stuart P. Green, eds., Oxford University Press, 2005. He states that, "In this chapter analyzing the moral content of bribery, bribes are conceptualized as bilateral agreements between two parties (a briber and bribee) in which the briber gives or offers something of value in exchange for the bribee's agreeing to act on the briber's behalf."
Professor Elizabeth Joh has two new pieces listed on SSRN that may be of interest to people teaching white collar crime. One is titled "Conceptualizing the Private Police," and the second is "The Paradox of Private Police."