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Corporate Crime: An Introduction to the Law and Its Enforcement
No full textCorporate Crime: An Introduction to the Law and Its Enforcement (Third Edition) is a textbook offered for free download on this website under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. A complete, low-cost introduction to the field designed for upper-level law students and rising practitioners. Includes coverage of the law and theory of corporate criminal liability, fraud, business corruption, securities offenses and enforcement, obstruction crimes, plea bargaining and settlements, sentencing, and more. Provides a full picture of a fast-evolving field by combining essential statutes and court decisions with primary source documents drawn from litigation and enforcement actions. A comprehensive and current textbook covering the field of corporate and white collar crime with balanced focus on both liability rules and procedural essentials
The Dead Hand of a Silent Past: Bruen, Gun Rights, and the Shackles of History
Get PDFIn June 2022, the Supreme Court struck down New York’s concealed carry licensing law on Second Amendment grounds. In that decision, New York State Rifle & Pistol Association v. Bruen, the Court declared that future Second Amendment challenges should be evaluated solely with reference to text, history, and tradition. By requiring historical precedent for any modern regulation, that test is essentially sui generis in the Court’s individual-rights jurisprudence. Yet it represents both an extension of an increasingly historically focused Supreme Court case law and a harbinger of potential doctrinal transformations in other domains.
This Article critically assesses Bruen’s test and, in the process, raises concerns about other areas of rights jurisprudence trending in ever more historically inflected directions. In critiquing Bruen’s method, the Article foregrounds the unsatisfying justifications for the novel test and several unworkable features. Centrally, it underscores how Bruen’s emphasis on historical silence imbues an absent past with more explanatory power than it can bear—or than the Court attempts to justify. The Article then synthesizes and analyzes the results from more than three hundred lower federal court decisions applying Bruen, which collectively reveal the test’s fundamental unworkability.
On top of that descriptive and critical work, the Article makes several prescriptive arguments about possible judicial and legislative responses to the decision. For judges, the Article endorses and amplifies arguments about the use of neutral historical experts appointed by courts, identifies ways that lower courts can usefully underline Bruen’s gaps and mitigate its open texture, and suggests that courts are justified in reading Bruen narrowly. For lawmakers, it argues that when legislatures pass new gun laws, they ought to be explicit about four types of evidence for the law’s constitutionality that track Bruen’s new demands: the purpose for the law, the expected burden on armed self-defense, the precise nature of the problem to which the law is directed, and the historical tradition from which the law springs
Stanley Surrey, the American Law Institute Income Tax Project, and the Normative Structure of the Income Tax
Get PDFInside the Internet
Get PDFConventional wisdom—particularly in the legal literatures—suggests that competition reigns the inside of the internet. This common understanding has shaped regulatory approaches to questions of network security and competition policy among service providers. But the original research presented here undermines that long-held assumption. Where the markets for internet traffic exchange (and related services) have long been thought to be characterized by robust competition among various network services providers, our findings suggest that these markets have consolidated. These trends raise a host of concerns for network reliability, online speech, and consumer choice, among other matters. Indeed, some recent high-profile internet outages reflect some of these concerns. And so we consider how the internet’s regulatory infrastructure might respond to these new revelations about the internet’s interior network infrastructure. Specifically, we call for regulation to enhance visibility of the internet’s interior and to assure a regime of fair carriage for all the internet’s users