A Restatement of Corporate Criminal Liability's Theory and Research Agenda

Journal of Corporation Law (2022 Forthcoming)

Duke Law School Public Law & Legal Theory Series No. 2021-47

25 Pages Posted: 8 Dec 2021 Last revised: 28 Oct 2022

Date Written: November 28, 2021

Abstract

This essay, for a collection in which authors were asked to “imagine a world without corporate criminal liability,” specifies the material questions that should be addressed if debate about the doctrine is to progress past longstanding, and oft-repeated, assertions. The strongest case for corporate criminal liability is based in the potential for its unique reputational effects to contribute to the prevention and deterrence of crime within corporations. Further research should take up a variety of unanswered questions about those effects having to do with mechanisms and audiences. The relevant inquiries are both theoretical and empirical. Answers will lie in further understanding of organizational and individual behavior more than in familiar models of the firm and deterrence that have largely shaped the literature to date.

Keywords: white collar crime, corporate crime, reputation, business crime, corporate regulation

Suggested Citation

Buell, Samuel W., A Restatement of Corporate Criminal Liability's Theory and Research Agenda (November 28, 2021). Journal of Corporation Law (2022 Forthcoming), Duke Law School Public Law & Legal Theory Series No. 2021-47, Available at SSRN: https://ssrn.com/abstract=3973066 or http://dx.doi.org/10.2139/ssrn.3973066

Samuel W. Buell (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-7193 (Phone)

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