Scholarship

Informed and informative scholarship is vital to our Educational Mission of establishing an interdisciplinary academic field to study the causes of corporate crime and the factors that motivate compliance or non-compliance with the law. To that end, the program both supports the original scholarship of our own faculty experts and works to promote the scholarship of experts in related fields such as business, economics, law, policy studies, psychology, public administration, sociology and technology. By working collectively and drawing from the methods and insights of each of these disciplines, we can achieve the common goal of preventing and deterring corporate crime and other misconduct.

April 17-18, 2015: Interdisciplinary Conference on Corporate Crime and Financial Misdealing

For two days at the end of April, the Program hosted an interdisciplinary conference involving scholars from law, business, sociology, economics, and psychology who presented their own original papers on corporate crime and securities fraud. The presented scholarship will be published as chapter in the upcoming Research Handbook on Corporate Crime and Financial Misdealing (Jennifer Arlen ed., Edward Elgar Press) due out later in the year.

Our lunch and dinner Keynote Speakers were Assistant Attorney General Leslie R. Caldwell and the Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, respectively.

NYU Faculty Scholarship

Our faculty experts have produced a wealth of scholarship on the issues of corporate compliance and enforcement. Below is a representative sample from these prominent scholars.

PCCE FACULTY DIRECTORS' SCHOLARSHIP

JENNIFER H. ARLEN

Articles

"The Failure of the Organizational Sentencing Guidelines," 66 Univ. of Miami Law Review 321 (2012)

"Regulating Corporate Criminal Sanctions: Federal Guidelines and the Sentencing of Public Firms," 42 Journal of Law and Economics 393 (1999) (with Cindy Alexander and Mark Cohen)

"Controlling Corporate Misconduct: An Analysis of Corporate Liability Regimes," 72 NYU Law Review 687 (1997) (with Reinier Kraakman)

"The Potentially Perverse Effects of Corporate Criminal Liability," 23 Journal of Legal Studies 833 (1994)

"Vicarious Liability for Fraud on Securities Markets: Theory and Evidence," 1992 Illinois Law Review 691 (1992) (with William Carney)

Chapters

Economic Analysis of Corporate Criminal Liability: Theory and Evidence, pp. 144-203 in Research Handbook on Criminal Law (Alon Harel and Keith Hylton, ed., Edward Elgar, 2012)

Removing Prosecutors from the Boardroom: Limiting Prosecutorial Discretion to Impose Structural Reforms in PROSECUTORS IN THE BOARD ROOM: USING CRIMINAL LAW TO REGULATE CORPORATE CONDUCT (Anthony Barkow and Rachel Barkow, ed., NYU University Press, 2011)

"Corporate Criminal Liability in the United States: Using Prosecutorial Discretion to Enlist Corporations’ Aid in the War Against Crime," in CORPORATIONS AND CRIMINAL JUSTICE: PAST AND FUTURE (Alberto Alessandri, ed., 2009)

"The Story of Allis-Chalmers, Caremark, and Stone: Directors' Evolving Duty to Monitor," in Corporate Law Stories (J. Mark Ramseyer, ed., Foundation Press, 2009)

"Evolution of Corporate Criminal Liability: Implications for Managers," in Leadership and Governance from the Inside Out (Robert Gandossy and Jeffrey Sonnenfeld, ed., John Wiley & Sons, 2004)

"Corporate Crime and Its Control," in NEW PALGRAVE DICTIONARY OF ECONOMICS AND THE LAW (Peter Newman, ed., 1998)

GEOFFREY P. MILLER

Books

The Law of Governance, Risk Management and Compliance (Wolters Kluwer 2014)

The Law of Financial Institutions (Wolters Kluwer 2013) (with Richard Scott Carnell and Jonathan R. Macey)

The Governance of International Banking (co-authored with Fabrizio Cafaggi, with Tiago Andreotti, Maciej Borowicz, Agnieszka Janczuk, Eugenia Macchiavello and Paolo Saguato) (Edward Elgar 2013)

Trust, Risk, and Moral Hazard in Financial Markets (Il Mulino 2011)

Articles

The Role of Risk Management and Compliance in European Banking Integration, in Danny Busch and Guido Ferrarini, eds., The European Banking Union (Oxford University Press, forthcoming 2015)

Compliance in Corporate Law, in Jeffrey N Gordon and Georg Ringe, eds., Oxford Handbook of Corporate Law and Governance (Oxford University Press, forthcoming 2015)

The Rise of Risk Management: An Essay in Honor of Peter Nobel, in Peter Sester, ed., Liber Amicorum for Peter Nobel (forthcoming 2015)

An Economic Analysis of Effective Compliance Programs, in Jennifer Arlen, ed., Research Handbook on Corporate Crime and Financial Misdealing (Edward Elgar, forthcoming 2015)

Intellectual Hazard and the Design of Financial Stability Regulation, in University of St. Gallen Series in Law and Economics, Peter Nobel, ed. (Zurich: Schulthess, 2010) (with Gerald Rosenfeld)

Intellectual Hazard: How Conceptual Biases in Complex Organizations Contributed to the Crisis of 2008, 33 Harvard Journal of Law & Public Policy 807 (2010) (with Gerald Rosenfeld)

Helping Law Catch Up to Markets: Applying Broker-Dealer Law to Subprime Mortgages, 34 Journal of Corporation Law 789 (2009) (with Jonathan Macey, Maureen O’Hara and Gabriel D. Rosenberg)

The Basel Committee, Global Administrative Law, and the Developing World, in Benedict Kingsbury and Richard Stewart, eds, India, the South and the Shaping of Global Administrative Law (forthcoming, Oxford University Press India 2008) (with Michael Barr)

Comment: Credit Risk Transfer, Hedge Funds, and the Supply of Liquidity, in Peter Nobel and Marina Gets, eds., Law and Economics of Risk in Finance, University of St. Gallen Series in Law and Economics 73 (2008)

AFFILIATED FACULTY EXPERTS' SCHOLARSHIP

RACHEL BARKOW

Books

Criminal Law and Its Processes: Cases and Materials. Law School Casebook Series (Aspen 9th ed., 2012) (with Sanford Kadish, Stephen J. Schulhofer and Carol S. Steiker)

Prosecutors in the Boardroom: Using Criminal Law To Regulate Corporate Conduct (NYU Press, 2011) (ed. with Anthony Barkow)

Articles

"Prosecutorial Administration," 99 University of Virginia Law Review 271 (2013)

"Sentencing Guidelines at the Crossroads of Politics and Expertise," 160 University of Pennsylvania Law Review 1599 (2012)

"Federalism and Criminal Law: What the Feds Can Learn from the States," 109 Michigan Law Review 519 (2011)

"Organizational Guidelines for the Prosecutor's Office," 31 Cardozo Law Review 2089 (2010)

"Insulating Agencies: Using Institutional Design To Limit Agency Capture," 89 Texas Law Review 15 (2010)

"Institutional Design and the Policing of Prosecutors: Lessons from Administrative Law," 61 Stanford Law Review 869 (2009)

"Separation of Powers and the Criminal Law," 58 Stanford Law Review 989 (2006)

"The Political Market for Criminal Justice," 104 Michigan Law Review 1713 (2006)

"Originalists, Politics, and Criminal Law on the Rehnquist Court," 74 George Washington Law Review 1043 (2006)

"Delegating Punitive Power: The Political Economy of Sentencing Commission and Guideline Formation," 84 Texas Law Review 1973 (2006) (with Kathleen O'Neill)

"Our Federal System of Sentencing," 58 Stanford Law Review 119 (2005)

"Administering Crime," 52 UCLA Law Review 715 (2005)

"Federalism and the Politics of Sentencing," 105 Columbia Law Review 1276 (2005)

"The Devil You Know: Federal Sentencing After Blakely," 16 Federal Sentencing Reporter 314 (2004)

"Recharging the Jury: The Criminal Jury's Constitutional Role in an Era of Mandatory Sentencing," 152 University of Pennsylvania Law Review 33 (2003)

"More Supreme than Court? The Fall of the Political Question Doctrine and the Rise of Judicial Supremacy," 102 Columbia Law Review 237 (2002)

"A Tale of Two Agencies: A Comparative Analysis of FCC and DOJ Review of Telecommunications Mergers," 2000 University of Chicago Legal Forum 29 (2000) (with Peter Huber)

Chapters

"The Prosecutor as Regulatory Agency," in Prosecutors in the Boardroom: Using Criminal Law To Regulate Corporate Conduct (Anthony Barkow and Rachel Barkow, ed., NYU Press, 2011)

STEPHEN CHOI

Articles

“The Problems with Analysts,” 59 Ala. L. Rev. 161 (2007).

“Securities Litigation and its Lawyers: Changes During the First Decade After the PSLRA,” 106 Colum. L. Rev. 1489 (2006) (with Robert Thompson)

“An Empirical Study of Securities Disclosure Practice,” 80 Tul. L. Rev. 1023 (2006) (with Mitu Gulati)

“Do Institutions Matter? The Impact of the Lead Plaintiff Provision of the Private Securities Litigation Reform Act,” 83 Wash U.L.Q. 869 (2005) (with A.C. Pritchard and Jill Fisch)

“Evidence on Securities Class Actions,” 57 Vand. L. Rev. 1465 (2004)

“Behavioral Economics and the SEC,” 56 Stanford Law Review 1 (2003) (with Adam Pritchard)

“Internalizing Outsider Trading,” 101 Michigan Law Review 313 (2002) (with Ian Ayres)

“Market Lessons For Gatekeepers,” 92 Northwestern University Law Review 916 (Spring, 1998)

“The Dangerous Extraterritoriality of American Securities Law,” 17 Northwestern Journal of International Law & Business 207 (1996) (with Andrew Guzman).

“Fraud in the New-Issues Market: Empirical Evidence on Securities Class Actions,” 144 University of Pennsylvania Law Review 903 (1996) (with James Bohn).

KEVIN DAVIS

Articles

"Foreign Affairs and Enforcement of the Foreign Corrupt Practices Act," 11 Journal of Empirical Legal Studies 409 (2014) (with Stephen Choi)

"Indicators as a Technology of Global Governance," 46 Law & Society Review 71 (2012) (with Benedict Kingsbury and Sally Merry)

"Why Does the United States Regulate Foreign Bribery: Moralism, Self-Interest or Altruism? ," 67 New York University Annual Survey of American Law 497 (2012)

"Prospects for Anti-Corruption Law: Optimists versus Skeptics," 4 Hague Journal on the Rule of Law 319 (2012)

"Self-Interest and Altruism in the Deterrence of Transnational Bribery," 4 American Law and Economics Review 314 (2002)

Chapters

"Does the Globalization of Anti-Corruption Law Help Developing Countries?," in Anti-Corruption Policy: Can International Actors Play a Constructive Role? 169 (Paul D. Carrington and Susan Rose-Ackerman, ed., Carolina Academic Press, 2013)

"The Financial War on Terrorism," in Global Anti-Terrorism Law and Policy (Michael Hor, Victor Ramraj, Kent Roach and George Williams, eds., Cambridge University Press 2nd ed., 2012)

Does the Globalization of Anti-Corruption Law Help Developing Countries? in International Economic Law, Globalization and Developing Countries (Julio Faundez and Celine Tan, ed., Edward Elgar, 2010)

HARRY FIRST

Books

Antitrust: Statutes, Treaties, Regulations, Guidelines, Policies (Foundation Press, forthcoming) (with Darren Bush and John J. Flynn)

Business Crime: Cases and Materials (Foundation Press, 1990 and Supp. 2003)

Articles

"Business Crime and the Public Interest: Lawyers, Legislators, and the Administrative State," 2 University of California at Irvine Law Review 871 (2012)

"Branch Office of the Prosecutor: The New Role of the Corporation in Business Crime Prosecutions," 89 North Carolina Law Review 23 (2010)

Chapters

"Criminal Antitrust Enforcement," in Corporate and White Collar Crime: An Anthology 372 (Leonard Orland, ed., 1995)

"General Principles Governing Criminal Liability of Corporations, Their Employees and Officers," in White Collar Crime: Business and Regulatory Offenses (O. Obermaier and R. Morvillo, ed., 1990)