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Boston University School of Law

Faculty Scholarship

Criminal law

1996

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Comment On The Tort/Crime Distinction: A Generation Later, Michael C. Harper Jan 1996

Comment On The Tort/Crime Distinction: A Generation Later, Michael C. Harper

Faculty Scholarship

Perhaps unsurprisingly, Professor Epstein has used the occasion of this Symposium to again voice his disapproval of the modern regulatory state.' Those of you who know me will not be surprised to hear that I disagree with the bald assertions and assumptions he makes concerning that issue. In my view, compelling reasons justify the kinds of environmental and, at least in the absence of pervasive independent employee collective representation at the work place, worker safety laws attacked by Professor Epstein.2 However, I will refrain from compounding the diversion by engaging Professor Epstein on these normative issues.

Instead, I will …