11,987 research outputs found

    Towards corporate fault as the basis of criminal liability of corporations

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    The hidden environmental harms of the cut-flower industry

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    Corporate flower farms are based along the shores of Kenya’s Lake Naivasha, a Ramsar Convention protected wetland. Kenya suffers from high unemployment and relative poverty and prioritises economic development. Corporate flower farms are polluting the Lake with the use of agrochemicals and depleting its waters to irrigate this thirsty crop. The influx of people seeking work is also affecting the Lake as wastewater pollution is problematic. This paper will consider the issue of trying to determine who is responsible for the harms associated with any industry, and will also discuss existing and prospective methods of regulating corporate flower farms

    The Blaming Function of Entity Criminal Liability

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    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\u27s place in the criminal law. An organization\u27s role in its agent\u27s 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\u27s 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. Reputational effects can flow through to individuals in ways that reduce probability of future wrongdoing by altering individual preferences and forcing reevaluation and reform of institutional arrangements. Blame and utility are closely connected here: the impulse to blame organizations and the beneficial effects of doing so both appear to depend on the degree of institutional influence on the agent. These insights imply that the doctrine should be tailored, unlike present law, to more fully exploit criminal law\u27s expressive capital by selecting cases according to entity blameworthiness. Barriers to describing the phenomenon of organizational influence and culture prevent discovery of a first-best rule of institutional responsibility. A second-best step would be to enhance the existing doctrine\u27s examination of agent mens rea, to impose fault only if the agent acted primarily with the intent to benefit the firm

    On the acquisition of the german plural markings

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    In the following, we will discuss the acquisition of plural forms in German from the unified perspective of the two, in our opinion compatible, approaches, on the basis of a longitudinal data sample of eight children. There are at least six recordings of each child, all of whom are girls. Together, the data cover the acquisition period from 1;11 to 2;10. One may thus anticipate that the data sample under investigation reflects the transition from purely lexical memorization to the acquisition of regularities or patterns

    The Publicly Held Corporation and the Insurability of Punitive Damages

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