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The New Mens Rea: Guilt By Association

On his D&O Diary, Kevin LaCroix always hits the ball straight and long.

But for our money, his post yesterday, Liability Without Culpability: A Deeply Troublesome Trend, was one of his best shots ever.

He started from this week's Wall Street Journal article about Congress' enactment of numerous new laws imposing criminal liability regardless of intent. Then he moved on to examine what strict liability means to officers and directors not involved in the criminal conduct 'and of which they were not even aware.'

It's a troubling trend, LaCroix says, and is 'inconsistent with some of the most basic assumptions of a well-ordered society governed by law.'

Hear, hear.

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