Problem 1: Did the court in In re Caremark Int'l Inc. Derivative Litig., 698 A.2d 959 (Del. Ch. 1996) get the standard right for director liability for oversight failures? Is it likely to create the proper incentives for directors to engage in their oversight duties with regard to healthcare compliance issues and programs? Or, should the court have been stricter or less strict on directors of healthcare organizations?
Problem 2: Does a consideration of biblical justice and biblical principles for resolving issues of law and policy change your answer to the above questions?