Deferred Prosecution Business Ethics & Corporate Governance

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Assigment 1

Part 1: Read the article below and post answers to the questions posted following the article in the Enron thread on the Blackboard Discussion tab along with your comments on the Enron movie as indicated in that thread as well.

Note: This is a book review by Jed S. Rakoff of author Brandon L. Garrett’s Too Big to Jail: How Prosecutors Compromise with Corporations. http://www.nybooks.com/articles/archives/2015/feb/19/justice-deferred-justice-denied/

Discussion Questions

  • Describe the concept of “deferred prosecution” as it relates to corporate criminal liability.
  • Comment on Brandon L. Garrett’s recommendations that various steps be taken to improve the efficacy of deferred prosecution agreements, including greater judicial oversight, greater use of court-appointed monitors, and greater attention to breaches of the agreements. Do you agree that such steps should be undertaken to improve the effectiveness of deferred prosecution agreements? Why or why not?
  • In your reasoned opinion, are deferred prosecutions are good idea? Why or why not?

Part 2:

1.Watch The Smartest Guys in the Room using the link below.

2.Go to Discussion Forum under Week 3 then briefly describe some of the business ethical issues presented in the movie Enron and whether you believe or not that the government has a role to play in regulating corporations. In light of the current economic conditions has your opinion changed since the Enron scandal? Be specific as to why or why not and refer to the legal principles discussed in the various readings as well.

Watch from ELI Digital Resource (Swank):

The Smartest Men in the Room (opens in new window)

Assignment 2

In light of what you have learned in these chapters on Employer-Employee relations, describe an employment situation you, a friend or family member has had. Analyze this situation in the context of what action the employer is allowed to take and what rights the employee has. Tell actually what happened in your scenario and what you think should have “legally” taken place. In your responses to your classmates, act as legal “advisors” for one another.

Point Possible: This assignment is required and graded – up to 15 points for your original posting with up to 10 points for replies to at least one student for a total of 25 points. See grading criteria

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