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Debate Over Criminalization
There has been a significant public debate about the extent to which criminal law should be used as a means of regulating and governing business conduct. Conservatives and liberals are split on the issue, even within their own ranks. Below are a series of materials and links intended to provide an overview of competing views in this area. We hope that this presentation of a spectrum of viewpoints will spark an even more thorough and meaningful debate on this issue.
Material Critiquing Criminalization
- Mens Rea by Marie Gryphon (2009)
- Vicarious Criminal Liability by Elizabeth K. Bingold & Michael H. Huneke
- The Explosion of the Criminal Law and its Cost to Individuals, Economic Opportunity, and Society by William R. Maurer & David Malmstrom (2010)
- Parallel Proceedings: Constitutional Questions by Lizette B. Herraiz & Brian J. Field (2010)
- The Rule of Lenity: An Essential Rule for Interpreting Criminal Statutes by Roger R. Marzulla (forthcoming)
- Federalization of Crime: The Lopez Vanishing Act by Tom Gede (forthcoming)
Material Embracing Present State of Criminalization, or Calling for an Expansion of Criminal Law
- United States v. International Min'ls Corp., 402 U.S. 558 (1971)
- John C. Jeffries, Jr. & Hon. John Gleeson, The Federalization of Organized Crime: Advantages of Federal Prosecution, 46 HASTINGS L.J. 1095 (1955)
- Elizabeth G. Thornburg, Sanctifying Secrecy: The Mythology of the Corporate Attorney-Client Privilege, 69 NOTRE DAME L. REV. 158 (1993)
- Lisa H. Nicholson, Sarbanes-Oxley's Purported Over-Criminalization of Corporate Offenders, 2 J. BUS & TECH. L. 43 (2007)
- New York Cent. & H. R. R. Co. v. U.S., 212 U.S. 481 (1909)
- Stuart P. Green, Mattress: Overcriminalization and the Moral Content of Regulatory Offenses, 46 EMORY L.J. 1533 (1997)
