All Essays

The Shift to Prosecuting Companies Instead of Individuals

The Shift to Prosecuting Companies Instead of Individuals

Federal prosecutors have made a subtle but important shift over the last 30 years to prosecuting companies and institutions.

Potential Reasons for the Dearth of Prosecutions

Potential Reasons for the Dearth of Prosecutions

Alternative priorities and government ties to the conditions that caused the financial crisis could explain the lack of prosecutions.

The Department of Justice and the Prosecution of Fraud

The Department of Justice and the Prosecution of Fraud

The DOJ has excused the failure to prosecute high-level individuals for fraud on one or more of three grounds.

Who is to Blame for the Great Recession?

Who is to Blame for the Great Recession?

If the Great Recession was caused by fraud, the failure to prosecute those responsible is an egregious failure.

Why Have No High-level Executives Been Prosecuted?

Why Have No High-level Executives Been Prosecuted?

The Regulatory Review features the remarks of Judge Jed S. Rakoff, delivered at the Institute for Law and Economics’s Distinguished Jurist Lecture.

Week in Review

Week in Review

Senate confirms Yellen for Fed chair, Obama administration releases proposals for gun control initiative, and more…

International Approach to Failing Financial Institutions Sought

International Approach to Failing Financial Institutions Sought

U.S. and U.K. regulators stress progress on cross-border agreements.

The Growing Application of Cost-Benefit Analysis to Financial Regulation

The Growing Application of Cost-Benefit Analysis to Financial Regulation

Cost-benefit analysis assumes an increasingly prominent role in financial rulemaking.

No Country for Large Profits: G20 Endorses Plan to Update Tax Rules

No Country for Large Profits: G20 Endorses Plan to Update Tax Rules

OECD plan lays out new rules for addressing corporate tax avoidance.

A New Tax-and-Spend Strategy to Fight Obesity

A New Tax-and-Spend Strategy to Fight Obesity

Scholar proposes a manufacturers’ excise tax to fund obesity-prevention efforts.

Week in Review

Week in Review

Energy Department reaffirms stance on “social cost of carbon,” 1.1 million people have enrolled in federal health exchanges, and more…

Judicial Review in American and European Competition Law

Judicial Review in American and European Competition Law

Despite differences, antitrust enforcement models in the U.S. and Europe have some features in common.