, supra note 65, at 779 ("The NET and especially the DMCA are likely to inhibit fair use of copyrighted material and to undermine that purpose by reducing public use.").
(85) A useful comparison of the American adversarial system with the French inquisitorial system is conducted by Geraldine Szott Moohr
in her article, Prosecutorial Power in an Adversarial System: Lessons from Current White Collar Cases and the Inquisitorial Model.
, supra note 53, at 900-01 ("The estimates of lost value are often based on an assumption that infringers would have purchased the object if it was not otherwise available, and there is no evidence that this is the case."); State Study, supra note 26, at 292 ("There is little data on the exact value of trade secrets because trade secrets are, by definition, secret.").
(23.) GERALDINE SZOTT MOOHR
, THE CRIMINAL LAW OF INTELLECTUAL
(21) See Moohr
, supra note 1, at 1130 (postulating increased legislative interest in federalization of criminal law).
1099, 1108 (1999) (hereinafter Valuing Honest Services) (citing Geraldine Szott Moohr
, Mail Fraud and the Intangible Rights Doctrine: Someone to Watch Over Us, 31 HARV.
* "Of Bad Apples and Bad Trees: Considering Fault-Based Liability for the Complicit Corporation," by Geraldine Szott Moohr
. American Criminal Law Review, Vol.
2006) (illustrating negative effects of Thompson Memorandum on vulnerable corporations); Geraldine Szott Moohr
, Prosecutorial Power in an Adversarial System: Lessons from Current White Collar Cases and the Inquisitorial Model, 8 BUFF.
See also Geraldine Szott Moohr
, 'On the Prospects of Deterring Corporate Crime' (2007) 2 Journal of Business and Technology Law 25.
considers the deterrent force of the substantive white collar criminal statutes, their penalty schemes, and current efforts to enforce those laws in the context of the formal and informal complexities of an institutional setting.
, An Enron Lesson: The Modest Role of Criminal Lawin
220, 259 (1987) (noting that arbitrators have no obligation to follow precedent); Geraldine Szott Moohr
, Arbitration and the Goals of Employment Discrimination Law, 56 WASH.