Posted: 29 Mar 2012
Date Written: September 1987
As Professors Cloud and Shepard know, there is a vast difference between hyperbola, an indictment and actually going to jail. In “Law Deans in Jail” (SSRN #1990746, Jan. 25, 2012) the Professors argue that several Law School Deans and employees at U.S. News have committed federal crimes and may end up in jail. If I may analogize a law school dean to a corporate executive, the courts have no fondness for jailing corporate CEO’s (or deans). See, “The Criminal Prosecution of Corporations for Defective Products”, 12 INTERNATIONAL LEGAL PRACTITIONER 66 (Sept. 1987).
I further argue that a statute criminalizing the manufacture of a lethal product (more offensive than intentionally misstating G.P.A., L.S.A.T., and post-graduation numbers) is a very bad idea. “The Criminalization of Products Liability: An Invitation to Political Abuse, Preemption and Non-Enforcement”, 57 CATHOLIC LAW REVIEW 341 (2008), (SSRN # 1327761 Misrepresentation and punitive damages is the better approach).
Keywords: U.S. News rankings, law schools, criminal law, plaintiffs, punitive damages, corporate crimes, manufacturer, corporations, criminal procedure
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