Abstract
As Professors Cloud and Shepard know, there is a vast difference between hyperbola, an indictment and actually going to jail. In “Law Deans in Jail” (SSRN #1990746, Jan. 25, 2012) the Professors argue that several Law School Deans and employees at U.S. News have committed federal crimes and may end up in jail. If I may analogize a law school dean to a corporate executive, the courts have no fondness for jailing corporate CEO’s (or deans). See, “The Criminal Prosecution of Corporations for Defective Products”, 12 INTERNATIONAL LEGAL PRACTITIONER 66 (Sept. 1987).I further argue that a statute criminalizing the manufacture of a lethal product (more offensive than intentionally misstating G.P.A., L.S.A.T., and post-graduation numbers) is a very bad idea. “The Criminalization of Products Liability: An Invitation to Political Abuse, Preemption and Non-Enforcement”, 57 CATHOLIC LAW REVIEW 341 (2008), (SSRN # 1327761 Misrepresentation and punitive damages is the better approach).
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