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This Article argues that private ordering of fraud loss liability in payment card systems is likely to be socially … are the result of the most powerful party in the system exercising its market power. Often loss liability is placed not on … liability rules and security standards, suggesting that at least some variations are suboptimal.True Coasean bargaining is not …
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This Chapter examines the existing structure of corporate criminal liability, providing empirical evidence on the types ….S. enforcement practice is consistent with optimal corporate liability, especially for firms where ownership is separated from day …-to-day control. The first part of this analysis determines the optimal structure of corporate liability. It shows that optimal …
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On 7 November 2003, Royal Assent was given to Bill C-45, An Act to Amend the Criminal Code (criminal liability of … organizations). This legislation aims to broaden the criminal liability of corporations and other organizations in two significant … ways. First, it expands the basis for corporate criminal liability beyond the existing common law; second, it extends to …
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Section 523(a)(2)(B) of the United States Bankruptcy Code provides that a debt incurred as a result of written fraud cannot be discharged by a bankruptcy proceeding. Though section 523(a)(2)(B) provides elements of this nondischargeable fraud, one common element of fraud is conspicuously missing...
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Corporations are subject to broad criminal liability for the insider trading of their employees. Critics have noted … concerning corporate criminal liability in general. Section II then looks at corporate liability for insider trading under the … points the way to some reforms that would render corporate criminal liability for insider trading more rational, efficient …
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civil liability arising out of quantitative and qualitative research fraud in academic publishing …
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A deeply entrenched principle in the law of fraud and negligent misrepresentation provides that damages can be recovered only upon a showing of reliance. To prevail, plaintiffs must not only establish the mere falsity of a statement, but also show that they had acted upon the statement and...
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