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Columbia Law Blue Sky Blog on "'Don't Ask, Don't Tell' Corporate Crime"
Columbia Law School's Blue Sky Blog (2017)
  • J.S. Nelson
In my most recent article, Don’t Ask, Don’t Tell’ Corporate Crime, I argue that modern large-scale corporate crime is driven and shaped by ‘don’t ask, don’t tell’ incentives.[1] ‘Don’t ask, don’t tell’ enforcement based on disclosure polices what corporations say, rather than what they do. The approach also places large, irrelevant burdens on businesses; fuels corporate crime by insulating middle management from prosecution; and, ironically, allows wrongdoing to incubate for increasingly long periods of time without actually revealing what we need to know. Using the 2015-17 Volkswagen scandal as an illustration, I identify three striking characteristics of growing corporate crime and argue that they are related to our failing ‘don’t ask, don’t tell’ system.
  • Corporate crime,
  • Volkswagen,
  • Large-scale,
  • Don't Ask,
  • Don't Tell,
  • Disclosure,
  • Disclosure-based,
  • Growing
Publication Date
July 19, 2017
Citation Information
J.S. Nelson. "Columbia Law Blue Sky Blog on "'Don't Ask, Don't Tell' Corporate Crime"" Columbia Law School's Blue Sky Blog (2017)
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