In this paper the inter-temporal analysis of the case law is employed to depict the trajectory of changes leading to high amount settlements for financial corporate crimes serving as a substitute for criminal prosecution and sentencing. Placed in conjunction with statutory review of historic...

A range of legal regimes from employment law to corporate and securities law foresees a reduction or elimination of “enterprise liability” for organizations that can demonstrate the existence of “effective” internal compliance structures. The pervasiveness of corporate conduct codes and...

The decisions of the Court of Appeals for the Armed Forces (CAAF) during the 2001 term reflect two intriguing trends. This article analyzes both trends in detail. First, the CAAF indicated a willingness to expand the government's ability to characterize conduct as criminal by broadening the...