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Dear Prudence: Finding a Proper Balance in the Post-Enron Regulatory and Enforcement Arena

Craig M. Wasserman-2005-10-18-SSRN Electronic Journal
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TL;DRAbstract

This paper addresses how the expectations placed on corporate officers, agents and boards have soared in the aftermath of Enron, WorldCom and other recent high profile corporate scandals. In response, we have seen the adoption of sweeping legislative reform (Sarbanes-Oxley) and one of the most aggressive criminal and civil enforcement efforts against corporate managers and corporate entities in our country's history. The question now turns to where should we go from here?

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This paper addresses how the expectations placed on corporate officers, agents and boards have soared in the aftermath of Enron, WorldCom and other recent high profile corporate scandals. In response, we have seen the adoption of sweeping legislative reform (Sarbanes-Oxley) and one of the most aggressive criminal and civil enforcement efforts against corporate managers and corporate entities in our country's history. The question now turns to where should we go from here?

Keywords

PrudenceEnforcementLegislatureAccountingBalance (ability)BusinessCorporate lawCorporate governance

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