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Deferred Prosecutions and Corporate Governance: An Integrated Approach to Investigation and Reform

INVESTIGATION AND REFORM Lawrence A. Cunningham* When evaluating how to proceed against a corporate investigative target, law enforcement authorities often ignore the target’s governance arrangements, while ... , 135–36 ( 2010 ). 42. Reinier H. Kraakman, Gatekeepers: The Anatomy of a Third-Party Enforcement Strategy, 2 J.L. ECON. & ORG. 53, 61 & n.20 (1986). 43. See Lawrence A. Cunningham, Sharing

The Common Law as an Iterative Process: A Preliminary Inquiry

Inquiry , 81 Notre Dame L. Rev. 747 (2006). Available at: - THE COMMON LAW AS AN ITERATIVE PROCESS: A PRELIMINARY INQUIRY Lawrence A. Cunningham* INTRODUCTION This Article considers how the common ... the evolutionary nature of the common law.1 The common © 2006 Lawrence A. Cunningham. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format, at or

Rhetoric Versus Reality in Arbitration Jurisprudence: How the Supreme Court Flaunts and Flunks Contracts


The SEC's Global Accounting Vision: A Realistic Appraisal of a Quixotic Quest

/nclr/vol87/iss1/2 LAWRENCE A. CUNNINGHAM** In the most revolutionary securities law development since the New Deal, the SEC is poised to jettison rules requiring companies to apply recognized U.S

Securitizing Audit Failure Risk: An Alternative to Caps on Damages

ALTERNATIVE TO CAPS ON DAMAGES LAWRENCE A. CUNNINGHAM* 713 716 716 719 720 723 728 732 733 734 735 735 736 * Professor of Law, George Washington University. Thanks to Michael Abramowicz, Tom Baker, John Coffee ... concerned about "a multibillion-dollar claim" and mentioning figures of $3 billion, $5 billion, or $10 billion). 13. Lawrence A. Cunningham, Too Big To Fail:Moral Hazardin Auditing and the Need To

Scholarly Profit Margins: Reflections on the Web

: Reflections on the Web LAWRENCE A. CUNNINGHAM Research on scholarly contributions has been necessarily narrowly conceived. It involves exercises that selectively use historical information; selectively counts

Language, Deals, and Standards: The Future of XML Contracts

funding. Many considered the profession’s funding to impair FASB’s independence. Sarbanes-Oxley responded to this perception. See Lawrence A. Cunningham, The Sarbanes-Oxley Yawn: Heavy Rhetoric, Light

Private Standards in Public Law: Copyright, Lawmaking and the Case of Accounting

Government increasingly leverages its regulatory function by embodying in law standards that are promulgated and copyrighted by nongovernmental organizations. Departures from such standards expose citizens to criminal, civil, and administrative sanctions, yet private actors generate, control, and limit access to them. Despite governmental ambitions, no one is responsible for...

A New Product for the State Corporation Law Market: Audit Committee Certifications

works at: Lawrence A. Cunningham In the swirling corporate governance reforms led by the Sarbanes-Oxley Act (SOX), the Securities and Exchange Commission (SEC ... appeared to require a separate and complete evaluation. For a comprehensive analysis of the auditor's task concerning internal control, see Lawrence A. Cunningham, FacilitatingAuditing's New Early Warning

Behavioral Finance and Investor Governance

Corporation and Enterprise Law Commons; and the Law and Economics Commons - Lawrence A. Cunningham I. Introduction ....................................... IV . Conclusion

Commonalities and Prescriptions in the Vertical Dimension of Global Corporate Governance

:// Part of the Law Commons Recommended Citation Lawrence A. Cunninghamtt t © 1999, Lawrence A. Cunningham. All rights reserved. it Director of the Samuel and Ronnie Heyman Center on Corporate ... author's other works. See Lawrence A. Cunningham, The Essays of Warren Buffett: Lessons for Corporate America, 19 CARDozo L. REv. 1, 5 (1997) (compiling and introducing essays authored by Warren E. Buffett

Cardozo and Posner: A Study in Contracts

:// - Article 4 CARDOZO AND POSNER: A STUDY IN CONTRACTS LAWRENCE A. CUNNiNGHAM* There is a line among the fragments of the Greek poet Archilochus which says: 'The fox knows many

Capital Market Theory, Mandatory Disclosure, and Price Discovery

accurately reflected in stock prices. 4. For the intellectual history of the random walk model, the ECMH, and related capital market theories, see Lawrence A. Cunningham, From Random Walks to Chaotic

Nonrefundable Retainers Revisited

Brickman and Lawrence A. Cunningham (Mar. 4, 1993) (copy on file with the authors and the North CarolinaLaw Review). 12. Martin v. Camp, 114 N.E. 46 (N.Y. 1916); see infra note 24. A committee appointed by