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The common theme in the Articles by Barry Baysinger and Jonathan Macey is that standard economic theories of the effect of incentives on individual behavior are inapplicable to corporate crime because organizations are complex entities. Both authors conclude that proposed Sentencing Commission guidelines aimed at increasing vicarious sanctions will be ineffectual or counterproductive at stopping corporate crime. The Articles' importance is in making plain what we need to know for resolving the sentencing debate, rather than in providing a compelling resolution. This is because the policy implications of the new learning on the theory of the firm that they have incorporated into the debate cannot be identified with confidence in the absence of a formal model and empirical testing.
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