Center for the Study of Business Ethics, Regulation, and Crime (C-BERC) Blog

Judging Equity: The Fusion of Unclean Hands in U.S. Law

Written by Leigh Anenson I am writing this blog in support of my book, Judging Equity: The Fusion of Unclean Hands in U.S. Law, recently published with Cambridge University Press. The book proceeded from the conviction that American equity is a subject of law worthy of study.  At a time...

Everybody Does It

Written by: Sally S. Simpson Little has changed in the White-Collar/Corporate Crime arena since 1939 when Edwin H. Sutherland[1] called our attention to offending by persons who utilize their occupational positions and the opportunities therein to engage in illegal behavior [in spite of being “respectable and high status,”] as two...

The Yates Memorandum

  Written by: Gideon Mark Perhaps the most trenchant critique of the federal government’s response to the Great Recession of 2007-09 was that the Department of Justice pursued enforcement actions against financial institutions but failed to prosecute any senior officers employed by those organizations.  The DOJ secured only one conviction...

The Financial Choice Act of 2017

Written by: Gideon Mark On June 8, 2017 the U.S. House of Representative passed on a virtually party-line vote the Financial Choice Act of 2017 (FCA), which is designed to repeal and rollback many of the most important reforms adopted by the Dodd-Frank Wall Street Reform and Consumer Protection Act...

Saving Government Pensions with Better Legal Standards

Written by: Leigh Anenson Millions of government employees are counting on the funds from their government pension plans to get them through their retirement years. But a potential economic crisis looms.  Many state and local pension systems teeter on the brink of financial disaster. What is more, there is no...

Controversial use of administrative proceedings

In October 2016, C-BERC’s Associate Director Gideon Mark, associate professor of logistics, business and public policy at the University of Maryland’s Robert H. Smith School of Business, published an article entitled “SEC and CFTC Administrative Proceedings.”  The article appears in Volume 19 of the University of Pennsylvania’s Journal of Constitutional...