THE NEW 'CRIMINAL' CLASSES: LEGAL SANCTIONS AND BUSINESS MANAGERS
(June 1997 -- 47 pages)
By JAMES V. DeLONG

The past 20 years have seen "a spectacular expansion in the scope and intensity of the nation's apparatus for punishment." This quote does not refer to the battle against street crime. It is talking about enforcement of regulations governing environmental protection, medical practice, financial institutions, government contracting, and many other areas. The new targets of the impulse to punish are not muggers but the nation's managers, entrepreneurs, professionals, and landowners. And the apparatus encompasses more than just criminal sanctions. Hefty civil penalties, asset forfeitures, damage payments, and other devices to cause financial pain are an important part of the system.

Protecting yourself is difficult. People are presumed to know the law, even when it is buried in thousands of pages of impenetrable regulations, and mistakes of fact, honest confusion, and even government errors do not provide a defense. "The new burdens are omnipresent, pushing deeply into daily life," as a growing number of people are finding out.

James V. DeLong examines this troubling trend in a new article. Mr. DeLong is a lawyer in Washington, D.C., a former regulator, an Adjunct Scholar of the Competitive Enterprise Institute, and author of the book: ROPERTY MATTERS: How Property Rights Are Under Assault - And Why You Should Care, published by the Free Press in 1997.

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