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41 - Third Party and Appointed Monitorships

from Part VII - Management and Organizational Processes

Published online by Cambridge University Press:  07 May 2021

Benjamin van Rooij
Affiliation:
School of Law, University of Amsterdam
D. Daniel Sokol
Affiliation:
University of Florida
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Summary

Abstract: This chapter outlines the history and use of monitors in various contexts, beginning with the original conception of a court-appointed monitor and ending with the more recent development of the public relations and modern-day court-ordered monitor. It next discusses how the specific type of monitorship alters the duties and confidentiality expectations of the parties to the monitorship in both formal and informal ways. Next, it analyzes the sparse regulation of monitorships, suggesting that reputation may currently be the most effective limit on monitor overreach and capture. Finally, it ends by proposing two areas for scholarly focus going forward: (1) mechanisms for formally regulating monitors, and (2) empirical study of the overall effectiveness of monitorships.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2021

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References

American Bar Association. 2020. “ABA Standards for Criminal Justice Monitors and Monitoring.” February 20. www.americanbar.org/products/inv/book/395343871/.Google Scholar
Barkow, Anthony S., Barofsky, Neil M., and Perrelli, Thomas J.. 2019. The Guide to Monitorships. London: Law Business Research Ltd. https://jenner.com/system/assets/publications/19193/original/GIR%20The%20Guide%20to%20Monitorships%20full%20book.pdf?1565117673.Google Scholar
Diamantis, Mihailis E. 2019. “An Academic Perspective.” In The Guide to Monitorships, edited by Barkow, Anthony S., Barofsky, Neil M., and Perrelli, Thomas J., 7584. London: Law Business Research Ltd.Google Scholar
Ford, Cristie, and Hess, David. 2009. “Can Corporate Monitorships Improve Corporate Compliance?Journal of Corporation Law 34: 679737.Google Scholar
Garrett, Brandon. 2014. Too Big to Jail. Cambridge, MA: Belknap Press.Google Scholar
Holder, Eric Jr.. 1999. “Memorandum to All Component Heads and U.S. Attorneys.” U.S. Department of Justice. June 16. www.justice.gov/sites/default/files/criminal-fraud/legacy/2010/04/11/charging-corps.PDF.Google Scholar
International Association of Independent Corporate Monitors (IAICM). 2016. “Preamble.” Code of Professional Conduct. Last modified December 16, 2016. http://iaicm.org/about-independent-corporate-monitors/code-of-conduct/.Google Scholar
Khanna, Vikramaditya, and Dickinson, Timothy L.. 2007. “The Corporate Monitor: The New Corporate Czar?Michigan Law Review 105: 1713–55.Google Scholar
Larence, Eileen R. 2009. “Prosecutors Adhered to Guidance in Selecting Monitors for Deferred Prosecution and Non-prosecution Agreements, but DOJ Could Better Communicate Its Role in Resolving Conflicts.” U.S. Government Accountability Office, November 19. www.gao.gov/products/GAO-10-260T.Google Scholar
Morford, Craig S. 2008. “Memorandum for Heads of Department Components and United States Attorneys.” U.S. Department of Justice, March 7. www.justice.gov/sites/default/files/dag/legacy/2008/03/20/morford-useofmonitorsmemo-03072008.pdf.Google Scholar
Root, Veronica. 2014. “The Monitor-Client Relationship.” Virginia Law Review 100: 523–85.Google Scholar
Root, Veronica. 2016. “Modern-Day Monitorships.” Yale Journal on Regulation 33: 109–63.Google Scholar
Root, Veronica. 2017. “Constraining Monitors.” Fordham Law Review 85: 2227–47.Google Scholar

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