Abstract

http://ssrn.com/abstract=1092927
 
 

Footnotes (2)



 


 



Has the Pendulum Swung Too Far?


Howard H. Chang


Global Economics Group, LLC

David S. Evans


University of Chicago Law School; University College London; Global Economics Group


Regulation, Vol. 30, No. 4, Winter 2007-2008

Abstract:     
The prosecution of corporate fraud has garnered increasing attention in recent years. When guilt is certain, justice is easy. But prosecutors make mistakes in bringing cases - sometimes through carelessness, other times through zealotry - and judges and juries err in finding guilt. We argue that the balance struck by the prosecutorial and judicial system has tipped too far toward pursuing criminal indictments against companies and their executives. The result is harm to the general public, whose members depend on a dynamic, competitive economy for their welfare.

Number of Pages in PDF File: 6

Keywords: corporate crime, corporate fraud, litigation, outcomes, judicial history, prosecution, risk-taking behavoir, civil litigation, corporate governance, regulation

JEL Classification: K22, K40, K41, K42

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Date posted: February 13, 2008  

Suggested Citation

Chang, Howard H. and Evans, David S., Has the Pendulum Swung Too Far?. Regulation, Vol. 30, No. 4, Winter 2007-2008. Available at SSRN: http://ssrn.com/abstract=1092927

Contact Information

Cato Institute (Contact Author)
affiliation not provided to SSRN
Howard H. Chang
Global Economics Group, LLC ( email )
1400 S. Dearborn, Suite 400
Chicago, IL 60603
United States
312-533-4602 (Phone)
HOME PAGE: http://www.globaleconomicsgroup.com
David S. Evans
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
University College London ( email )
London WC1E OEG
United Kingdom
Global Economics Group ( email )
1400 S. Dearborn, Suite 400
Chicago, IL 60603
United States
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