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Fla. L. Rev. News

Fla. L. Rev. Forum

Clark D. Asay
Keeping Low Sanctions Low
Response to Irina D. Manta, The High Cost of Low Sanctions

In her thoughtful new article, The High Cost of Low Sanctions, Professor Irina D. Manta provides a useful analysis of the (often) unanticipated negative effects that low legal sanctions can have. While the presence of low legal sanctions may assuage the public’s concerns about any given law, Manta argues that in many cases, low sanctions create a false sense of security. Indeed, in some instances low legal sanctions may be worse than high sanctions for a number of reasons: (1) they may make it easier to pass faulty laws in the first place; (2) these faulty laws then become increasingly difficult to eliminate; and (3) over time, the initially low legal sanctions grow into high sanctions either through incremental additions or simply through the way the laws are enforced. Read More.





Fla. L. Rev. Forum

Brandon L. Garrett
Rehabilitating Corporations
Response to Lawrence A. Cunningham, Deferred Prosecutions and Corporate Governance: An Integrated Approach to Investigation and Reform

Blockbuster corporate fines grab headlines, but corporate criminal prosecutions have rapidly evolved far beyond using monetary penalties to punish complex organizations. A central goal of federal prosecutors is to rehabilitate corporations, and not simply to fine them. Indeed, some of the largest companies now obtain deferred and non-prosecution agreements that permit them to avoid an indictment and a conviction. In deciding not to fully pursue such companies to a conviction, prosecutors emphasize how they can offer alternatives to prosecution in order to secure positive changes to compliance and ethics programs. Such structural reforms also implicate corporate governance structures, and can involve sustained interventions in the workings of a corporation. Lawrence A. Cunningham’s wonderful new article takes the provocative and counterintuitive position that prosecutors should care about rehabilitating corporate governance far more and not less. Read More.



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