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The Discordance of New York Central Jazz

8 Pages Posted: 6 Apr 2010  

John Hasnas

Georgetown University - Robert Emmett McDonough School of Business; Georgetown University Law Center

Date Written: April 6, 2010

Abstract

This article argues that, beginning with the 1909 Supreme Court decision in New York Central & Hudson River R.R. v. United States, federal courts have abandoned important principles that were intended to preserve civil liberties. By creating respondeat superior criminal liability, New York Central and subsequent decisions authorized a form of vicarious collective punishment that is inconsistent with these liberal principles. This change shifted the balance of power between prosecution and defense in a way that has had a pernicious effect on the methods employed by federal law enforcement agencies.

Suggested Citation

Hasnas, John, The Discordance of New York Central Jazz (April 6, 2010). Regulation, Vol. 33, No. 1, pp. 46-53, Spring 2010. Available at SSRN: https://ssrn.com/abstract=1585276

John Hasnas (Contact Author)

Georgetown University - Robert Emmett McDonough School of Business ( email )

3700 O Street, NW
Washington, DC 20057
United States

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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