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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Corporate Compliance: New Approaches to Regulatory Enforcement

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ISBN13: 9781781954744
Published: August 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £96.00

Despatched in 3 to 5 days.

This book considers how a regulatory enforcement policy should be designed to efficiently induce proactive corporate compliance. It first explores two major schools of thought regarding law enforcement, both the deterrence and cooperative approaches, and shows that neither of these represents an optimal regulatory enforcement paradigm from a social-welfare perspective. It provides a critical analysis of recent developments in US Federal corporate liability regimes, and proposes a generic framework that better tailors sanction schemes and monitoring systems to regulatee performance. The proposed framework efficiently induces corporate proactive compliance, while maintaining an optimal level of deterrence. This insightful book will appeal to academics in law and economics, behavioral economics, criminology, and business, as well as to practitioners and policymakers.

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Company Law, Other Jurisdictions , USA
Prologue: The President Coolidge
1. Introduction

Part I: Major Schools of Thought Regarding Law Enforcement
2. Deterrence-Based Regulatory Enforcement
3. Cooperative Enforcement
4. The Reconciliation of Deterrence-Based and Cooperative Enforcement

Part II: Corporate Liability and the Incentive Apparatus for Corporate Proactive Compliance
Introduction to Part II
5. Corporate Liability and Compliance Management Systems
6. Corporate Liability Regimes: A Law and Economics Analysis

Part III: Corporate Monitors: Can 'Swords' Turn Into 'Shields'?
Introduction to Part III
7. Corporate Monitors: The Emerging Framework of Deferred Prosecution Agreements
8. Corporate Monitors: Facilitating an Efficient Targeted Monitoring System Conclusion
9. Concluding Remarks