THE COST OF DOING BUSINESS: CORPORATE VICARIOUS CRIMINAL LIABILITY FOR THE NEGLIGENT DISCHARGE OF OIL UNDER THE CLEAN WATER ACT

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THE COST OF DOING BUSINESS: CORPORATE VICARIOUS CRIMINAL LIABILITY FOR THE NEGLIGENT DISCHARGE OF OIL UNDER THE CLEAN WATER ACT Powered By Docstoc
					THE COST OF DOING BUSINESS: CORPORATE VICARIOUS CRIMINAL LIABILITY
Katherine A Swanson
Washington Law Review
				
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Description: Although the plain language of the Clean Water Act (CWA), as amended by OPA 90, does not expressly call for holding corporations vicariously criminally liable for the negligent discharge violations of employees, the legislative intent and public welfare nature of the CWA support construing the statute to allow for such liability. Doing so will not violate the due process rights of corporations, and holding corporations liable is important because it will deter future negligent conduct that may result in oil spills, which damage not only America's waters but also harm America's environment, economy, and general welfare.
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