Thoughts on the Corporation as a Person for Purposes of Corporate Criminal Liability
18 Pages Posted: 31 Jan 2012 Last revised: 22 Feb 2012
Date Written: July 14, 2011
Abstract
This brief piece explores basic connections between Citizens United v. Federal Election Commission and corporate criminal liability. An opinion of the Tennessee Attorney General released after Citizens United acts as a further discussion catalyst for, and illustration of, the arguments advanced in this Article. Ultimately, the Article urges a way of looking at corporate criminal liability that is not 'wooden' - an approach that shows some sensitivity to issues of policy and theory (including those related to agency law and punishment).
Keywords: citizens united, corporate personhood, corporate criminal liability
JEL Classification: G38, K14, K22, K41, K42
Suggested Citation: Suggested Citation