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NCJ Number: 65760 Find in a Library
Title: CRIMINALIZATION OF CORPORATE BEHAVIOR - FEDERAL SURFACE COAL MINING (FROM WHITE-COLLAR CRIME - THEORY AND RESEARCH, 1980, BY GILBERT GEIS AND EZRA STOTLAND SEE NCJ-65757)
Author(s): N SHOVER
Corporate Author: Sage Publications, Inc
United States of America
Date Published: 1980
Page Count: 28
Sponsoring Agency: Sage Publications, Inc
Thousand Oaks, CA 91320
Type: Report (Study/Research)
Format: Document
Language: English
Country: United States of America
Annotation: THE POLITICAL AND SOCIAL PROCESSES THAT PRODUCED THE ENACTMENT OF THE SURFACE MINING CONTROL AND RECLAMATION ACT (1977) ARE EXAMINED FROM THE PERSPECTIVE OF PLURALIST AND RADICAL INTERPRETATIONS OF CRIMINALIZATION.
Abstract: THE HISTORY OF STRIP MINING LEGISLATION SHOWS THAT BUSINESSMEN DO NOT OBJECT TO THE CRIMINALIZATION OF CERTAIN CONDUCT IN THE CONTEXT OF THEIR BUSINESS AS MUCH AS THEY OBJECT TO THE INCLUSION OF IRRATIONAL OR INCALCULABLE ELEMENTS IN SUCH LEGISLATION. WHEN REGULATION SEEMS INEVITABLE OR DESIRABLE, INDUSTRY'S STRATEGIES GENERALLY SHIFT FROM TRYING TO DEFEAT OR STALL BILLS ASSURING THAT THE LEGISLATION ENACTED IS REALISTIC AND WORKABLE. BUSINESSMEN AIM AT ELIMINATING UNPREDICTABILITY IN THE LAW OR TRANSFERRING DEBATABLE ITEMS TO THE ADMINISTRATIVE ARENA WHERE THEY CAN BE RESOLVED WITH REGULATORS. AN ANALYSIS OF THE SURFACE MINING CONTROL AND RECLAMATION ACT REVEALS FEW AREAS WHERE OPERATORS ARE FACED WITH INFLEXIBLE PROVISIONS. IN AREAS WHICH IMPOSE FINANCIAL BURDENS ON THE INDUSTRY, SUCH AS THE COAL SEVERANCE TAX, THE COST IS FIXED AND, THEREFORE, CALCULABLE. SOME PROVISIONS ARE CLEARLY BENEFICIAL TO THE COAL INDUSTRY. WHILE THE COAL INDUSTRY MAY NOT HAVE SOUGHT FEDERAL LEGISLATION, THE RECOGNITION OF ITS INEVITABILITY LED TO THE INDUSTRY'S COOPERATION IN THE CONSTRUCTION OF WORKABLE CONTROLS. (AUTHOR ABSTRACT MODIFIED --RCB)
Index Term(s): Case studies; Corporate criminal liability; Critiques; Legislation; Social control theory; Trade practices
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