How about holding lawsuits against private companies and corporations to the same standard: they should take no legal liability for actions that are not approved by the corporation undertaken by employees working for them under contract. They should have a limited burden to train people to avoid those incidents. For instance, in order to file fraud claims against Enron we should have to beyond a reasonable doubt identify the specific people responsible and charge them. Investors damaged civilly should have any cases for damages against the company itself thrown out unless they are suing the specific individual or individuals involved. I didn't do it, it was my employees shouldn't be a special case exemption for the government, and if we want to make it a standard of law I think it goes badly.
If we're holding everyone to the same standard, then let's require corporations to run business decisions by a judge first, on the public record, with counsel arguing the other side. Then let's make each and every decision of the judge subject to an as-of-right level of appellate review, then make those decisions subject to a third level of discretionary appellate review. Then also open up those decisions to collateral review and the ongoing possibility of revisiting the case, potentially decades later. In the background of all that, we can require business executives to be members of associations that can take away their licenses and their livelihoods for ethical failures.
Do you see how you're comparing apples and oranges?
Comments
How about holding lawsuits against private companies and corporations to the same standard: they should take no legal liability for actions that are not approved by the corporation undertaken by employees working for them under contract. They should have a limited burden to train people to avoid those incidents. For instance, in order to file fraud claims against Enron we should have to beyond a reasonable doubt identify the specific people responsible and charge them. Investors damaged civilly should have any cases for damages against the company itself thrown out unless they are suing the specific individual or individuals involved. I didn't do it, it was my employees shouldn't be a special case exemption for the government, and if we want to make it a standard of law I think it goes badly.
If we're holding everyone to the same standard, then let's require corporations to run business decisions by a judge first, on the public record, with counsel arguing the other side. Then let's make each and every decision of the judge subject to an as-of-right level of appellate review, then make those decisions subject to a third level of discretionary appellate review. Then also open up those decisions to collateral review and the ongoing possibility of revisiting the case, potentially decades later. In the background of all that, we can require business executives to be members of associations that can take away their licenses and their livelihoods for ethical failures.
Do you see how you're comparing apples and oranges?