Ch 9-11 notes

Topics: Regulation, Criminal law, Law Pages: 5 (1827 words) Published: September 28, 2014
Chapter 9 Terms

Administrative Law (p. 261)—written law produced by state and federal regulatory agencies as opposed to government bodies (thus, some disagreement exists as to whether administrative law is law in the full conventional sense or merely a “body of rules”); many of the activities classified as white collar crime are violations of administrative rather than statutory law.

Antitrust Law (p. 251)—law directed against monopolistic practices that interfere with the operation of a truly free market.
Bounded Rationality (p. 274)—the search for “good-enough” as opposed to ideal solutions in corporate decision making.

Case Law (p. 259)—a body of law based on court opinions and rulings on previous cases; important in white collar crime in that it often establishes precedent for criminal prosecution.

Civil (Tort) Law (p. 268)—law that concerns itself with private, individual harms and objective responsibility, focused mainly on compensating an individual party for measurable harm suffered.

Constitutional Law (p. 259)—statutory law based on the U.S. and state constitutions.

Corporate Criminal Liability (p. 270-271)—holding corporations as an entity, as opposed to the individual personnel of corporations, responsible for illegal acts.

Criminal Law (p. 251)—law in which prosecution takes part on behalf of the entire society, with a greater emphasis on intent as well as evidentiary certainty, which relies on public enforcement and involves the maximization of stigma and censure, partly as a measure of social control Dialectical Perspective (p. 255)—a theory that characterizes lawmaking as a process directed towards resolving various contradictions, conflicts, and dilemmas confronting society in a particular historical context. Executive Lawmaking (p. 260)—lawmaking that occurs through the executive (presidential) control of agencies that investigate, enforce, and prosecute crime.

Identification Theory (p. 272)—a major theory supporting corporate criminal liability, which holds that such liability is direct insofar as corporate actors are acting on behalf of the corporation.

Imputation Theory (p. 272)—a major theory supporting corporate criminal liability, which holds that the corporation is liable for the intent and acts of its employees on any level in the corporate hierarchy.

Instrumentalist Perspective (p. 254)—conflict theory perspective on lawmaking which sees the law as reflective of the elite class’s control over the state in a capitalist society, and serving the purposes of that class.

Juristic Persons (p. 271)—concept which, applied to corporations as actors, makes it possible for corporations to face criminal charges just like biological persons.

Respondeat Superior Doctrine (p. 272)—an expansion of the notion of vicarious responsibility, which would hold corporations criminally liable to cases where an individual acting with corporate authority has committed a crime meant to benefit the company, keeping companies from immunizing themselves by “official” prohibitions of such behavior.

RICO Law (p. 267)—laws regarding Racketeer-Influenced and Corrupt Organizations, enacted by Congress as part of the 1970 Organized Crime Control Act; a special section meant to provide prosecutors with additional power to combat organized crime is frequently used for white collar crime cases as well.

Social Control (p.250)—prescriptions, which exist both formally (as laws) and informally (as social norms), against certain behaviors that challenge the social order.

Structuralist Perspective (p. 254)—progressive perspective on lawmaking which envisions the state as “relatively autonomous” and committed to the system’s long-term survival, rather than to advancing the specific interests of capitalist elites and entities.

Trusts (p. 263)—legal entities or holding companies for corporations engaged in the same type of business, which engaged in serious white collar crimes...
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