Prof. Nelson鈥檚 award-winning paper tackles the issue of corporate crime
A recent article by Prof. Josephine Sandler Nelson has been recognized with two top awards鈥攖he Holmes-Cardozo Award for best submitted conference paper and the Distinguished Proceedings Award鈥攂y the Academy of Legal Studies in Business.
In her article 鈥溾��,鈥� Nelson discusses the way modern large-scale corporate crime is driven and shaped by 鈥榙on鈥檛 ask, don鈥檛 tell鈥� incentives. These incentives are centered on policing what corporations say, rather than what they do.
Using the as an illustration for her argument, Nelson contends that disclosure-based regulation, instead of promoting honesty and integrity, teaches business organizations and top executives to be willfully blind to what is happening inside their organizations. Moreover, the charges brought for disclosure-based conduct do not fit the substantive wrong.
鈥淲hen VW settled with the U.S. federal government and other authorities, it merely admitted to not telling the truth about its deception. The criminal charges against VW and its executives are for covering up an organization鈥檚 crime, not for the crime itself,鈥� Nelson said.
She goes on to propose an 鈥榚asier ask, let individuals tell鈥� approach to preventing large-scale corporate wrongdoing.
Read the full article here:
Read Prof. Nelson鈥檚 related blog post on Columbia Law School鈥檚 Blog 鈥淭he CLS Blue Sky Blog鈥� here:
