Corporate Criminal Enforcement in the United States: Using Negotiated Settlements to Turn Potential Corporate Criminals into Corporate CopsJennifer H. Arlen
Corporate criminal enforcement in the United States differs from other countries in three ways. First, the United States can impose criminal liability on corporations in a broader range of cases than other countries. Second, almost all corporate criminal resolutions involving large firms take the form of negotiated settlements. Third, the United States grants prosecutors both more choices and more discretion when resolving criminal cases: prosecutors can enter into guilty pleas or pre-trial diversion agreements (deferred and non-prosecution agreements).
The United States Sentencing Commission released a new publication—An Overview of Mandatory Minimum Penalties in the Federal Criminal Justice System (2017 Overview)—that examines the use of federal mandatory minimum penalties and the impact of those penalties on the federal prison population.
The Bishop Paiute Tribe (the “Tribe”) seeks a declaration that they have the right to “investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator [encountered on the reservation] to the proper authorities.” Before reaching this issue, the district court dismissed the case on jurisdictional grounds, concluding that the case presents no actual case or controversy.
This focuses on the claims for invasion of privacy and the four causes of action generally contained therein. These four claims can be defined as public disclosure of private facts, intrusion upon seclusion, false light, and appropriation of name or likeness.
In late May 2017, The American Law Institute met to approve its new Restatement of the Law, Liability Insurance. This is the first Restatement to address the law of insurance coverage.
I recently had the opportunity to speak to various elected officials and higher-education personnel in the countries of Georgia and Kazakhstan. I was excited to tell them about the ALI Project on Ethics and that there will be suggested guidelines which will be applicable to any interested public official or government. The audience members were very interested to hear about this timely project. I am sure the project will be met with great interest not only in North America, but also around the globe. It is truly an honor for me to be working with this eminent group of distinguished people to bring this project forward.