An under-studied phenomenon: to what extent is higher CEO pay a result of the increased frequency with which prosecutors destroy the lives of CEOs by criminalizing unsuccessful business decisions or arbitrarily retroactively selectively criminalizing common business practices (compare Broadcom and Apple on question of options backdating)? Economic theory would predict that increased chances of having your wealth stripped and being sent to prison for years would require higher compensation ex ante. After Larry Ribstein's death, I'm not aware of anyone considering this at all. Today's DOJ has been surprisingly restrained in not prosecuting executives for foolish investments in the real estate bubble, and are largely being criticized, rather than praised, for their forebearance. Which academic is on the criminalization-of-risk beat these days?
Overcriminalization and CEO pay
- Bond v. U.S.
- A Poster Child for Overcriminalization: The History of the Lacey Act
- Release of New Manhattan Institute Report on DPAs/NPAs
- Opposing FCPA Overcriminalization
- The Detrimental Effects of Extreme Deterrence
- Debate Concludes: The need for a reasonable mistake of law defense
- Reply: Never underestimate a defense lawyer's imagination
- A Debate: The need for a reasonable mistake of law defense
- Follow the debate: Overcriminalization is a problem, but a 'mistake of law defense' is not the right solution
- New Featured Discussion: Reconsidering the 'mistake of law defense' in the battle against overcriminalization
- Teen Sexting, Youthful Mistake or Felony?
- New Podcast: Federal overcriminalization hurts Ohioans
- Illinois, Chicago treats small businesses like they're a problem
- A better solution to prison overcrowding
- Whose Intent is it Anyway? The Case for State Flexibility in Criminal Law