In the Land of Corporate Impunity: Corporate Killing Law in the United States

Abstract

Since the early 2000s, a number of Western capitalist states, including Australia, Canada, and the United Kingdom, have enacted criminal laws aimed at holding corporations to account for negligently killing workers or members of the public. In the United States, however, the existing respondeat superior (vicarious liability) regime remains intact. Drawing insight from semistructured interviews with corporate lawyers, nongovernmental representatives, union/labor leaders, and academics, I argue the relative impunity for corporate killing in the United States has its roots in corporate power and related beliefs in law and economics scholarship. This article documents how corporate offending is downplayed through hegemonic ideals that corporations are inherently good and law-abiding and any “bad apples” can be dealt with through existing law and market forces. In this respect, the recent rollback of various social protections is not simply a result of Trump’s presidency but instead a product of the neoliberal political, economic, and moral order.