No-Fault Criminal Liability for Executives
探讨了在商业监管中广泛使用无过错刑事责任对实现环境质量、消费者保护等监管目标的影响,指出其损害企业效率并阻碍目标达成,提出了更优替代方案。
The goals of regulation of business are important—environmental quality, consumer protection, job safety, product quality and safety, and fair employment practices. Yet it is equally important to design enforcement mechanisms that will achieve regulatory goals efficiently. Extensive use of nofault criminal law to regulate business undermines corporate efficiency and even interferes with achieving regulatory goals. Better alternatives exist.