David Y Kwok (University of Houston Law Center) has posted Is Vagueness Choking the White Collar Statute? (Georgia Law Review, Forthcoming) on SSRN. Here is the abstract:
While expansive statutes may be important in addressing the creativity of white collar offenders, the Supreme Court often criticizes white collar statutes as overly broad and vague. The Court’s typical response has been to narrow the scope of the statutes, but excessive breadth and vagueness are not coextensive. The judicial strategy of narrowing liability can counterintuitively decrease clarity as to legal boundaries. Failing to limit vagueness problems not only makes corporate compliance more challenging, but it also presents a threat to the judicial-legislative dialectic in developing better law.