Crime and Punishment in American History - Lawrence M. Friedman [331]
24 Ibid., p. 60. See also Joseph R. Gusfield, The Culture of Public Problems: Drinking-Driving and the Symbolic Order (1981).
25 H. Laurence Ross and Robert B. Voas, “The New Philadelphia Story: The Effects of Severe Punishment for Drunk Driving,” Law and Policy 12:51 (1990).
26 34 Stats. 768, chap. 3915 (act of June 30, 1906).
27 49 Stats. 449, chap. 372 (act of July 5, 1935), sec. 12. Violation of this section exposed the violator to a fine of up to $5,000, or a prison sentence of up to one year.
28 Sam B. Warner and Henry B. Cabot, “Changes in the Administration of Criminal Justice During the Past Fifty Years,” Harvard Law Review 50: 583, 614-15 (1937).
29 Laws Ohio, 1911, pp. 53, 56, 127, 427.
30 Laws Ohio, 1911, p. 586.
31 Annual Report, Police Commissioner of the City of New York, year ending Dec. 31, 1907 (1908), pp. 162-63. The total number of arrests was over 200,000.
32 See Marshall B. Clinard, The Black Market; A Study of White Collar Crime (1952).
33 Clinard, Black Market, pp. 238-40.
34 Ibid., p. 149.
35 Judy L. Whalley, “Crime and Punishment—Criminal Antitrust Enforcement in the 1990s,” Antitrust Law Journal 59:151 (1990). I am indebted to Jack Szczepanowski for this reference.
36 The Federal Trade Commission Act is 38 Stats. 717, chap. 311 (act of Sept. 26, 1914); the Clayton Act is 38 Stats. 730, chap. 323 (act of Oct. 15, 1914); the resale price maintenance law is 50 Stats. 693 (act of Aug. 17, 1937).
37 467 Fed. 2d 1000 (C.A. 9, 1972; cert. den. 93 S.Ct. 938, 1973).
38 467 Fed. 2d at 1004.
39 La. Acts 1910, No. 150; the earlier laws were Laws La. 1880, no. 20; Laws La. 1882, no. 82; Laws La. 1914, no. 282.
40 La. Acts 1898, Act 68, p. 93.
41 Laws N.H. 1885, chap. 68, sec. 1. The material on oleomargarine regulation is drawn from Geoffrey P. Miller, “Public Choice at the Dawn of the Special Interest State: The Story of Butter and Margarine,” California Law Review 77:83 (1979).
42 24 Stats. 209 (act of Aug. 2, 1886).
43 46 Stats. 1549 (act of March 4, 1931).
44 Laws Wis. 1967, chap. 42, p. 44.
45 Upton Sinclair, American Outpost: A Book of Reminiscences (1932), p. 154.
46 Peter Temin, “The Origin of Compulsory Drug Prescriptions,” Journal of Law and Economics 22:91 (1979).
47 Ralph P. Schipa, “The Desirability of Uniform Food Laws,” Food, Drug, Cosmetic Law Quarterly 3:518, 522 (1948).
48 Laws Ind. 1939, chap. 38, p. 140.
49 Laws Wyo. 1929, chap. 103, sees. 1, 6, pp. 172, 174. It is something of a disappointment to learn that selling these disgusting eggs was a mere misdemeanor, carrying a fine of between $25 and $100.
50 Richard Curtis Litman and Donald Saunders Litman, “Protection of the American Consumer: The Muckrakers and the Enactment of the First Federal Food and Drug Law in the United States,” Food, Drug, Cosmetic Law Journal 36:641, 651-52 (1981).
51 Sutherland had been using the term for more than a decade before his monograph appeared. See Gil Geis and Colin Goff, “Edwin H. Sutherland’s ‘White Collar Crime in America’: An Essay in Historical Criminology,” in Criminal Justice History, Vol. 7 (1986), p. 1.
52 Stanton Wheeler, Kenneth Mann, and Austin Sarat, Sitting in Judgment: The Sentencing of White-Collar Criminals (1988), p. 5.
53 See Stanton Wheeler and Mitchell L. Rothman, “The Organization as Weapon in White-Collar Crime,” Michigan Law Review 80:1403 (1982).
54 On the Teapot Dome scandal, see Francis X. Busch, Enemies of the State (1954); and Morris R. Werner, Teapot Dome (1959).
55 Geis and Goff, “Edwin H. Sutherland’s White Collar Crime,” p. 5.
56 48 Stats. 881 (act of June 6, 1934). On the history and early enforcement of the SEC act, see Michael E. Parrish, Securities Regulation and the New Deal (1970).
57 Susan P. Shapiro, Wayward Capitalists (1984), p. 5.
58 See Kitty Calavita and Henry N. Pontell, “‘Heads I Win, Tails You Lose’: Deregulation, Crime, and Crisis in the Savings and Loan Industry,” Crime and Delinquency 36:309 (1990).
59 David Weisburd et al., Crimes of the Middle Classes: White-Collar Offenders in the Federal Courts (1991), p. 4.
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