Prosecuting Executive Branch Wrongdoing

Creative Strategies in Prosecuting Human Trafficking Cases Using Forfeiture by Wrongdoing and Other Evidence-Based Techniques

and prosecuting human trafficking cases can be daunting. Among the most common and difficult of these obstacles is the inability or unwillingness of victims to participate in the process. This reluctance may be based upon a variety of factors, including the victims’ fear, shame, distrust of law enforcement, and a real — or perceived — lack of alternatives to trafficking as a way of life. Someti...

Direct Democracy and the Executive Branch

This paper examines the impact of direct democracy on the executive branch. Direct democracy is a mixed blessing for the executive in theory: it weakens the legislature by cutting it out of the lawmaking process, but also allows new laws to avoid the governor’s veto. Empirically, the constitutional initiative is associated with several changes in the organization of the executive branch, includ...

Two Perspectives On Organizational Wrongdoing

Organization wrongdoing can be viewed from two contrasting perspectives: one which views organizational wrongdoing as an abnormal phenomenon and one which views it as a normal phenomenon. Further, the causes of organizational wrongdoing can be understood from two approaches: a dominant outlook and an alternative one. Finally, there are eight different specific explanations of wrongdoing. Below ...

Prosecuting for Workplace Death and Injury

The Relevance of Intention to Criminal Wrongdoing

Intentions are seemingly ubiquitous in the criminal law. Their presence can turn reckless homicide into first-degree murder, reckless endangerment into attempted murder, violation of a security clearance into treason, and inadvertent mistake of fact into perjury. But should intentions play the pivotal role that they do in determining the categorization of crimes? Recently, there has been a live...