LAW 534 Study Guide - Animal Testing, Mens Rea, Insider Trading
8 Apr 2014
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Document Summary
Directing mind as shield: due diligence beyond mere policy. Beyond mere policy you need to go beyond policy. Steps to take: 14 factors from chapter 5, concise : policy, train, monitor, improvise, and continue to monitor (address it, pg 6-10 go beyond. Although reporting and internal monitoring is cornerstone of due diligence program, paradoxically those very internal management reports could be used as non-compliance in the future records used against you. Comply and do all that monitor and have those records used in the future used against you. Should show due diligence program not actus reus of directing mind test. Charges should be dismissed b/c they had appropriate due diligence program in place as seen by their training etc. Prof glasbook: not taken as seriously b/c there is no jail time. 2)regulatory is more malleable versus criminal regulatory law is not viewed as serious as criminal law 2 reasons: Suv case as example always tipping over, example of malleability.
