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Crime and Punishment: the Significant Meaninglessness of Arthur Anderson LLP

In Arthur Anderson LLP v. United States, the Supreme Court unanimously reversed the corporation's criminal conviction for obstruction of justice on the grounds that the jury instructions used at trial did not adequately reflect the mens rea requirements in the law. While acknowledging that the federal obstruction of justice statute has since been amended, John Hasnas argues that the Court's reasoning in this case signals a toughening attitude towards over-prosecution of white-collar crime, which is often politically driven.

John Hasnas, Cato Supreme Court Review 2004-05, 187-214

 

 

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Isaac Gorodetski
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Center for Legal Policy at the
Manhattan Institute
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The Manhattan Insitute's Center for Legal Policy.