Academic

Dan-Cohen on Sanctioning Corporations

By Lawrence Solum

Meir Dan-Cohen (University of California, Berkeley - School of Law) has posted Sanctioning Corporations (Journal Law and Policy, Vol. 19, No. 1, pp. 15-43, 2010) 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.

I have been following Dan-Cohen's work since his famous essay on conduct rules and decisions rules. Highly recommended.

Full post as published by Legal Theory Blog on February 25, 2011 (boomark / email).