Your paper should adhere to basic legal writing conventions and it should have a clear thesis and support for its conventions. As a practical matter, this means the majority of your sentences will likely be footnoted. Use footnotes, not endnotes. Citations should be in bluebook format. Where the citation does not itself tell the reader how it supports the statement, use parentheticals. Law review articles provide a good example of how to use citations to support your claims. You should rely on standard legal materials (e.g. be sure to explain exactly what crime the corporation might be charged with), as well as secondary sources like law review articles.
Identify an instance of corporate misconduct that will ground your study. Some examples: the Wells Fargo employees creating fake accounts, Massey Energy mine safety violations, BP drilling safety violations, Volkswagen emissions fraud, Walmart FCPA violations, or anything else. It does not matter for purposes of this assignment whether the matter resulted in the prosecution of the corporation or not.
Whatever you choose, you will then write a 10,000-word paper briefly describing the misconduct and presenting an argument about what role criminal law should or should not play in addressing the corporate wrong. The purpose of this exercise is to further develop your thinking of the topics we study in this class and see how they might apply in real world scenarios.
In defending your thesis, you will want to weigh and recognize the costs and benefits of criminal prosecution in the particular case. In defending your thesis, you may choose to make the following assumptions (i.e., you can assume these things regardless of whether they are actually true in your case or not):
* the crime you′ve identified DID occur
* The evidence of the crime would be sufficient to establish probable cause – the legal and ethical threshold for initiating a prosecution
* There is at least one individual in the corporation who committed the crime at issue, in the scope of their agency, and with the intent to benefit the corporation