Public Enforcement: Criminal versus Civil

Draft chapter, Oxford Handbook of Corporate Law and Governance (J. Gordon and G. Ringe eds.), Oxford University Press, Forthcoming

Vanderbilt Public Law Research Paper No. 14-42

14 Pages Posted: 6 Dec 2014

See all articles by Amanda M. Rose

Amanda M. Rose

Vanderbilt University - Law School

Date Written: December 4, 2014

Abstract

This chapter explores the distinction between civil and criminal public enforcement of corporate laws and standards. It explains the main normative arguments relevant to the choice between civil and criminal enforcement, first generally and then as applied to the corporate law context specifically. It also examines actual corporate law enforcement patterns in the United States and abroad. While enforcement patterns vis-à-vis individual defendants hew closely to the theoretical ideal, there is substantial variation in countries’ use of corporate criminal liability, with some countries (most notably the United States) pursuing policies that are difficult to defend theoretically.

Keywords: enforcement, public, private, civil, criminal, corporate law, deferred prosecution, non-prosecution, institutional design, derivative litigation, respondeat superior, vicarious liability, corporate criminal

Suggested Citation

Rose, Amanda M., Public Enforcement: Criminal versus Civil (December 4, 2014). Draft chapter, Oxford Handbook of Corporate Law and Governance (J. Gordon and G. Ringe eds.), Oxford University Press, Forthcoming; Vanderbilt Public Law Research Paper No. 14-42. Available at SSRN: https://ssrn.com/abstract=2533967

Amanda M. Rose (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

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