The Responsibility Gap in Corporate Crime

In many cases of criminality within large corporations, senior management does not commit the operative offense—or conspire or assist in it—but nonetheless bears serious responsibility for the crime. That responsibility can derive from, among other things, management’s role in cultivating corporate culture, in failing to police effectively within the firm, and in accepting lavish compensation for taking the firm’s reins. Criminal law does not include any doctrinal means for transposing that form of responsibility into punishment. Arguments for expanding doctrine—including broadening of the presently narrow “responsible corporate officer” doctrine—so as to authorize such punishment do not fare well under the justificatory demands of criminal law theory. The principal obstacle to such arguments is the large industrial corporation itself, which necessarily entails kinds and degrees of delegation and risk-taking that do not fit well with settled concepts about mens rea and omission liability. Even the most egregious and harmful management failures must be addressed through design and regulation of the corporation rather than imposition of individual criminal liability.     

Free Trade: A Paradox for Democracy

Free trade and global markets are issues that have dominated for some time the political and economic agendas of both industrialized and newly developing nations. While greater prosperity for all peoples is most frequently cited as the main gain, free trade is also considered a promoter of democracy, an argument deployed in bringing China into the World Trade Organization. World peace has also been cited as one of the fruits of closer economic integration, as parochial walls between peoples are undermined, interdependence grows and is made more transparent, and mutual prosperity assured. We contest the faith upon which these assumptions rely. We argue that the theory and practice of neo-liberal free trade and neo-revisionist democracy implicate the modern democratic nation state in paradoxes that it is ill-equipped to negotiate. To exit these paradoxes, or at least to mollify the rancor they can produce, both the ideas of free trade and of democracy need to become more robust.     

Avoidance or Engagement? Issue Convergence in U.S. Presidential Campaigns, 1960–2000

A widely noted and oft-decried characteristic of campaigns in the United States is the tendency of the competing sides to talk past each other—to avoid engaging with one another on the same issues. We bring a massive database on statements by the major-party presidential candidates and other campaign spokespersons in the 1960 through 2000 elections to bear on the question of issue convergence. Far from the exception, a high degree of similarity in the issue emphases of the two sides appears to have been the norm in these campaigns. This result suggests the need to rethink some influential empirical, formal, and normative perspectives on campaigns.