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Prosecutors in the Boardroom


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Table of Contents

Acknowledgments Introduction Anthony S. Barkow and Rachel E. Barkow 1 The Causes of Corporate Crime: An Economic Perspective Cindy R. Alexander and Mark A. Cohen 2 Deferred Prosecution Agreements on Trial: Lessons from the Law of Unconstitutional Conditions Richard A. Epstein 3 Removing Prosecutors from the Boardroom: Limiting Prosecutorial Discretion to Impose Structural Reforms Jennifer Arlen 4 Potentially Perverse Effects of Corporate Civil Liability Samuel W. Buell 5 Inside-Out Enforcement Lisa Kern Griffin 6 The Institutional Logic of Preventive Crime Mariano-Florentino Cuellar 7 Collaborative Organizational Prosecution Brandon L. Garrett 8 The Prosecutor as Regulatory Agency Rachel E. Barkow 9 What Are the Rules If Everybody Wants to Play? Multiple Federal and State Prosecutors (Acting) as Regulators Sara Sun Beale 10 Reforming the Corporate Monitor? Vikramaditya Khanna Conclusion Anthony S. Barkow and Rachel E. Barkow Contributors Index

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Analyzes the controversial legal intervention of controlling corporate bodies through outside agencies rather than pressing legal charges

About the Author

Anthony S. Barkow is a partner in the white collar defense and investigations practice at law firm Jenner & Block. He received the Attorney General's Award for Exceptional Service, the highest award bestowed in the Justice Department. Rachel E. Barkow is Professor of Law and the Faculty Director of the Center on the Administration of Criminal Law at NYU School of Law.


"Prosecutors in the Boardroom...supplies a wealth of empirical data about contemporary corporate law enforcement policy...[and] demonstrates what happens when well-intentioned, intelligent, dedicated law enforcement agents are freed from the constraints of liberalism." -- John Hasnas * Regulation *
"A must-read for practitioners and scholars wrestling with the challenges of corporate crime and punishment." -- James Comey,former Deputy Attorney General of the United States
"An essential collection; the power of prosecutors in a post-Arthur Andersen world demands thoughtful and scholarly attention and gets it in this invaluable volume." -- Paul Clement,former Solicitor General of the United States

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