730-474 Corporate Criminal Law and Regulation

Criminal Law and Procedure or equivalent.

Corporations Law.

This course will examine the operation of the criminal law within the corporate sphere. In Part 1 the broad social context of corporate and white collar crime will be considered. Part 2 will provide an overview of the theory and practice of corporate regulation in Australia, and will focus particularly on sentencing principles applicable to corporate and white collar criminals. Part 3 will examine in some detail the principles of corporate - as opposed to individual - criminal liablity. In Part 4 a range of substantive white collar and corporate criminal offences will be examined for the purposes of illustrating the principles and the conceptual and practical problems outlined in the first parts of the course. This will include an analysis of Australia's insider trading laws, the proposed offence of corporate homicide, the challenges of tobacco litigation, and the problems associated with enforcing environmental laws in the era of globalisation.

Note: The essay in this subject will be regarded as a substantial piece of legal writing for honours purposes.

Research essay 5000 words 100% (due final week of semester) OR a final open-book examination three hours.

Printed materials will be issued by the Faculty of Law.