Because N/DPAs are contractual arrangements between corporations and the Department of Justice that remedy identified governance shortcomings, it is the DOJ, rather than Congress or the courts, that is changing U.S. corporate governance practice.
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As contractual arrangements between a corporation and the Department of Justice (DOJ), intended to remedy identified governance shortcomings, the DOJ – not Congress or the Courts - is changing governance practices in the United States (Garrett 2014, Kaal and Lacine 2014).
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