Columbia Law Blue Sky Blog on "'Don't Ask, Don't Tell' Corporate Crime"Columbia Law School's Blue Sky Blog (2017)
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. ‘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,
- Don't Ask,
- Don't Tell,
Publication DateJuly 19, 2017
Citation InformationJ.S. Nelson. "Columbia Law Blue Sky Blog on "'Don't Ask, Don't Tell' Corporate Crime"" Columbia Law School's Blue Sky Blog (2017)
Available at: http://works.bepress.com/josephine_sandler_nelson/33/