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Criminal Law

Criminal liability

Duke Law

Articles 1 - 7 of 7

Full-Text Articles in Law

The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale Jan 2016

The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Christopher Buccafusco, Jonathan S. Masur Jan 2014

Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Christopher Buccafusco, Jonathan S. Masur

Faculty Scholarship

No abstract provided.


The Upside Of Overbreadth, Samuel W. Buell Jan 2008

The Upside Of Overbreadth, Samuel W. Buell

Faculty Scholarship

Overbreadth in criminal liability rules, especially in federal law, is abundant and much lamented. Overbreadth is avoidable if it results from normative mistakes about how much conduct to criminalize or from insufficient care to limit open texture in statutes. Social planners cannot so easily avoid overbreadth if they cannot reach behaviors for which criminalization is well justified without also reaching behaviors for which it is not. This mismatch problem is acute if persons engaging in properly criminalized behaviors deliberately alter their conduct to avoid punishment and have resources to devote to avoidance efforts. In response to such efforts, legal actors …


Is Corporate Criminal Liability Unique?, Sara Sun Beale Jan 2007

Is Corporate Criminal Liability Unique?, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Purposes And Effects In Criminal Law, Samuel W. Buell Jan 2007

Purposes And Effects In Criminal Law, Samuel W. Buell

Faculty Scholarship

This brief comment, published in the Virginia Law Review's online companion, responds to Richard Bierschbach's and Alex Stein's article, Mediating Rules in Criminal Law.


The Blaming Function Of Entity Criminal Liability, Samuel W. Buell Jan 2006

The Blaming Function Of Entity Criminal Liability, Samuel W. Buell

Faculty Scholarship

Application of the doctrine of entity criminal liability, which had only a thin tort-like rationale at inception, now sometimes instantiates a social practice of blaming institutions. Examining that social practice can ameliorate persistent controversy over entity liability's place in the criminal law. An organization's role in its agent's bad act is often evaluated with a moral slant characteristic of judgments of criminality and with inquiry into whether the institution qua institution contributed to the agent's wrong. Legal process, by lending clarity and authority, enhances the communicative impact, in the form of reputational effects, of blaming an institution for a wrong. …


When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr. Jan 2001

When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.