Washington University Law Review

Article Title

Cosmetic Compliance and the Failure of Negotiated Governance

Authors

Kimberly D. Krawiec, Duke UniversityFollow

Publication Title

Washington University Law Quarterly

Abstract

Drawing on the incomplete contracts literature, this Article argues that, although the negotiated governance model provides valuable descriptive insights into the mechanisms by which legal rules develop, the model’s proponents minimize the dangers of opportunistic behavior during the renegotiation phases of governance (that is, the implementation and enforcement phases) by those with the greatest stake in the meaning of incomplete law-in this case, business organizations and legal compliance professionals, including lawyers.

Recommended Citation

Kimberly D. Krawiec, Cosmetic Compliance and the Failure of Negotiated Governance, 81 Wash. U. L. Q. 487 (2003).
Available at: https://openscholarship.wustl.edu/law_lawreview/vol81/iss2/8