103 Iowa L. Rev. Online 154 (2019)

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Abstract

In an earlier Article, I introduced the character theory of corporate punishment. Inspired by virtue ethics, the theory proposes that criminal law should punish a corporation only by coercively reforming any criminogenic organizational traits responsible for its crime. In a Response, Professor Baer objects to the self-consciously punitive aspects of my theory and calls for a more regulatory approach. This reply argues that character theory may be the most promising framework for realizing Baer's ideal.