Download this Paper Open PDF in Browser

Thoughts on the Corporation as a Person for Purposes of Corporate Criminal Liability

18 Pages Posted: 31 Jan 2012 Last revised: 22 Feb 2012

Joan MacLeod Heminway

University of Tennessee College of Law

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

Heminway, Joan MacLeod, Thoughts on the Corporation as a Person for Purposes of Corporate Criminal Liability (July 14, 2011). Stetson Law Review, Vol. 41, 2011; University of Tennessee Legal Studies Research Paper No. 166. Available at SSRN: https://ssrn.com/abstract=1996114 or http://dx.doi.org/10.2139/ssrn.1996114

Joan MacLeod Heminway (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States
865-974-3813 (Phone)
865-974-0681 (Fax)

Paper statistics

Downloads
368
Rank
66,250
Abstract Views
4,088