Corporate Bodies and Guilty Minds : The Failure of Corporate Criminal Liability

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 (20071011)

the Collapse Of Enron. The Prosecution Of Arthur Andersen. The Bankruptcy Of Worldcom. We Live In An Era Defined By Corporate Greed And Malfeasance—one In Which Unprecedented Accounting Frauds And Failures Of Compliance Run Rampant. Allegations Against Some Of The Most Revered Companies In The United States Continue To Raise Disturbing Questions About Business Ethics, Good Corporate Citizenship, And Organizational Accountability. 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. But Are They Enough?
            In This Timely Work, William S. Laufer Argues That Even With Recent Legal Reforms—and Those About To Be Enacted—corporate Criminal Law Continues To Be Ineffective. corporate Bodies And Guilty Minds Outlines The Many Reasons Why This Is So. 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.

harvard Law Review

“laufer’s Critique Of Modern Corporate Criminal Liability Begins With A Fascinating Account Of The Development Of Corporate Criminal Law In The United States. . . . [this] Timely Work Offers A Dispassionate Analysis Of Problems Relating To Corporate Crime.”—harvard Law Review

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 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__ We live in an era defined by corporate greed and malfeasanceone in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacyin 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 Arion's Lyre examines how Hellenistic poetic culture adapted, reinterpreted, and transformed Archaic Greek lyric through a complex process of textual, cultural, and creative reception. Looking at the ways in which the poetry of Sappho, Alcaeus, Ibycus, Anacreon, and Simonides was preserved, edited, and read by Hellenistic scholars and poets, the book shows that Archaic poets often look very different in the new social, cultural, and political setting of Hellenistic Alexandria. For example, the Alexandrian Sappho evolves from the singer of Archaic Lesbos but has distinct associations and contexts, from Ptolemaic politics and Macedonian queens to the new phenomenon of the poetry book and an Alexandrian scholarship intent on preservation and codification. A study of Hellenistic poetic culture and an interpretation of some of the Archaic poets it so lovingly preserved, Arion's Lyre is also an examination of how one poetic culture reads another--and how modern readings of ancient poetry are filtered and shaped by earlier readings. "In this timely work, William S. Laufer argues that even with recent legal reforms - and those about to be enacted - corporate criminal law continues to be ineffective. Corporate Bodies and Guilty Minds outlines the many reasons why this is so. 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." Contents......Page 8 Preface......Page 10 Part I: The Law’s Ambivalence......Page 18 1. The Evolution of Corporate Criminal Law......Page 20 2. Recognizing Personhood......Page 61 3. Constructing Fault......Page 85 Part II: The Law’s Status Quo......Page 114 4. Playing Games......Page 116 5. Shifting Blame......Page 147 6. Crafting a Soul......Page 173 7. Making and Unmaking the Pessimist’s Account......Page 200 Notes......Page 218 Subject Index......Page 284 Names Index......Page 296 University Of Chicago Press Contents 8 Preface 10 Part I: The Law’s Ambivalence 18 1. The Evolution of Corporate Criminal Law 20 2. Recognizing Personhood 61 3. Constructing Fault 85 Part II: The Law’s Status Quo 114 4. Playing Games 116 5. Shifting Blame 147 6. Crafting a Soul 173 7. Making and Unmaking the Pessimist’s Account 200 Notes 218 Subject Index 284 Names Index 296 ISBN-13:,9780691095257 Preserving Her Aeolic Song : Traces Of Alexandrian Sappho -- Lyric Into Elegy : Sappho Again -- Alcaeus : Voice And Metaphor Of The Symposium -- From Samos To Alexandria : Earlier Court Poets And Their Legacies -- Simonides Recalled : Imitations Of A Poikilos Original -- Lyric Transformed. Benjamin Acosta-hughes. Includes Bibliographical References And Indexes. Examines how Hellenistic poetic culture adapted, reinterpreted, and transformed Archaic Greek lyric through a complex process of textual, cultural, and creative reception. This book looks at the ways in which the poetry of Sappho, Alcaeus, Ibycus, Anacreon, and Simonides was preserved, edited, and read by Hellenistic scholars and poets. The Evolution Of Corporate Criminal Law -- Recognizing Personhood -- Constructing Fault -- Playing Games -- Shifting Blame -- Crafting A Soul -- Making And Unmaking The Pessimist's Account. William S. Laufer. Includes Bibliographical References (p. [201]-265) And Indexes.