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Full-Text Articles in Law
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Indiana Law Journal
There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …
A Referee Without A Whistle: Magistrate Judges And Discovery Sanctions In The Seventh Circuit, Landyn Wm. Rookard
A Referee Without A Whistle: Magistrate Judges And Discovery Sanctions In The Seventh Circuit, Landyn Wm. Rookard
Indiana Law Journal
This Note ultimately argues that, if the Seventh Circuit is not willing to reverse its holdings in Alpern v. Lieb and Retired Chicago Police Ass'n v. City of Chicago in light of recent developments, Congress should again clarify its intent. In the face of the crushing "costs of discovery [that] threaten to exceed the amount at issue in all but the largest cases," it is the Seventh Circuit's responsibility to employ all just and legal devices to comply with Congress's mandate "to secure the just, speedy, and inexpensive determination of every action and proceeding."