Professor Lerner on Sarbanes-Oxley Act
TCS Daily featured an article written by Professor Craig S. Lerner and Professor Moin A. Yahya (Mason Law Class of 2003) of the University of Alberta School of Law in which they suggest that the actual effect of government efforts to decrease white collar crime through the provisions of the Sarbanes-Oxley Act of 2002 may be the opposite of those intended.
Dregs in the SOX Drawer, TCS Daily, April 10, 2006. By Craig S. Lerner and Moin A. Yahya.
"The irony, rich for those inclined to savor it, is that the modern proliferation of white-collar criminal laws may simply send many of America's most talented -- and reverently law-abiding -- entrepreneurs fleeing for less regulated environments, either in private equity or overseas completely. Left behind at the helm of large publicly traded corporations will then be the bean counters, who have little entrepreneurial spirit, and the swashbucklers, who have no instinctive regard for the criminal law."