dunnettreader + article + liability   1

Josephine Sandler Nelson - "CORPORATE CONSPIRACY: HOW NOT CALLING A CONSPIRACY A CONSPIRACY IS WARPING THE LAW ON CORPORATE WRONGDOING" | Cornell Journal of Law and Public Policy 24.2 (2015) - bepress
The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy. Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools. The most obvious and tested tool would be to roll back the intracorporate conspiracy doctrine. In the absence of this solution, frustration with applying the doctrine has led to over-reliance on alternative methods of holding agents of enterprises responsible for their actions -- piercing the corporate veil, responsible corporate officer doctrine, and unusual approaches such as denying “retroactive” imposition of the corporate veil and adopting “reverse” piercings of the corporate veil. But these doctrines were fundamentally developed in and adapted to other circumstances. They do not take into account the coordination of actions within an enterprise and the unique nature of conspiracy that fall—and should fall—into the heart of behavior that would trigger liability if not for the intracorporate conspiracy doctrine. Using alternative doctrines to impose liability on behavior that would otherwise be recognized as intracorporate conspiracy results in inconsistent decisions and disproportionate awards. -- downloaded pdf to Note
article  legal_theory  corporations  corporate_law  liability  accountability  crime  criminal_justice  financial_regulation  torts  downloaded  EF-add 
july 2014 by dunnettreader

Copy this bookmark:



description:


tags: