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Full-Text Articles in Law
Drugs And Incarceration In Oklahoma: An Arresting Problem, Arthur Lefrancois
Drugs And Incarceration In Oklahoma: An Arresting Problem, Arthur Lefrancois
Arthur G. LeFrancois
No abstract provided.
Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford
Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford
John F. Stinneford
No abstract provided.
Overenforcement, Alex Stein, Richard A. Bierschbach
Overenforcement, Alex Stein, Richard A. Bierschbach
Alex Stein
Overenforcement of the law is widespread, but underinvestigated. Overenforcement occurs when the total sanction suffered by the violator of a legal rule exceeds the amount optimal for deterrence. Overenforcement sometimes generates overdeterrence that cannot be remedied through the adjustment of substantive liability standards or penalties ex ante. When that happens, the legal system can counteract the effects of overenforcement by adjusting evidentiary or procedural rules to make liability less likely. This framework, which we call the overenforcement paradigm, illuminates previously unnoticed features of various evidentiary and procedural arrangements. It also provides a useful analytical and prescriptive tool for creating optimal …