Corporate Criminal Enforcement in the United States: Using Negotiated Settlements to Turn Potential Corporate Criminals into Corporate Cops
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).
A Personality Theory of Sophisticated Investor Decision-Making (In the 2008 Financial Crisis), with Some Policy Implications
This paper argues that a nuanced view of sophisticated investors, as well as sellers and structurers of financial instruments, articulated within a rationality paradigm, has implications for financial regulation.
USSC Releases New Publication on Federal Mandatory Minimum Penalties
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.
Ninth Circuit Allows Bishop Paiute Law Enforcement Case to Proceed
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.
It’s a Bird! It’s a Plane! No…It’s a Drone. How Privacy Laws Fare in the Age of Private-Use UAVs
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.
Examining the Restatement of the Law, Liability Insurance
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.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources. Completed work is available to purchase online.