Sunday, May 15, 2011
Cosme Caballero (J.D. 2011, Miami) has published Note, Curbing Corporate Abuse from Jurisprudential Off-Sites: Problematic Paradigms in United States v. Textron Inc.
, 65 U. Miami L. Rev. 645 (2011). Here is part of the abstract:
This note argues that the majority’s opinion represents an intriguing but flawed judicial positioning within the current legal framework—a framework that must increasingly reckon with a social subtext that hums with questions about the ability of government to rein in corporate power and abuse. Part II of this note presents an assessment of the underlying legal frameworks informing the First Circuit’s opinion. This includes an examination of tax policy and tax shelter reform, a presentation of the nature and role of tax accrual workpapers, a look at the prevailing views regarding corporate law and corporate social responsibility, and a historical overview of the work product doctrine, including an assessment of the doctrine’s development vis-`a-vis tax accrual workpapers. Part III of this note examines the First Circuit’s opinion, focusing on the majority’s policy-driven rationale and its short-comings, while examining counterpoints offered by the dissent and other critics. Part IV of this note analyzes the majority’s reworking of the work product doctrine. This analysis includes an evaluation of the potential of using the work product doctrine, coupled with tax policy considerations, to dodge prevailing views regarding the propriety of laying upon corporations an ethical charge to be socially responsible. Part V offers a brief conclusion.