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Articles 1 - 8 of 8
Full-Text Articles in Law
How High Do Cartels Raise Prices? Implications For Optimal Cartel Fines, John M. Connor, Robert H. Lande
How High Do Cartels Raise Prices? Implications For Optimal Cartel Fines, John M. Connor, Robert H. Lande
All Faculty Scholarship
This Article examines whether the current penalties in the United States Sentencing Guidelines are set at the appropriate levels to deter cartels optimally The authors analyze two data sets to determine how high on average cartels raise prices. The first consists of every published scholarly economic study of the effects of cartels on prices in individual cases. The second consists of every final verdict in a US. antitrust case in which a neutral finder of fact reported collusive overcharges. They report average overcharges of 49% and 31% for the two data sets, and median overcharges of 25% and 22%. They …
Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd
Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd
Michigan Law Review
Policymakers' false beliefs about capital punishment's universal deterrent effect may have caused many people to die needlessly. If deterrence is capital punishment's purpose then, in the majority of states where executions do not deter crime, executions kill convicts uselessly. Moreover, in the many states where the brutalization effect outweighs the deterrent effect, executions not only kill convicts needlessly but also induce the additional murders of many innocent people. After Part II discusses capital punishment's recent history in the United States, Part III reviews the conflict in recent studies on capital punishment and deterrence. Part IV explores differences in states' applications …
Wrongful Abortion: A Wrong In Search Of A Remedy, Ronen Perry, Yehuda Adar
Wrongful Abortion: A Wrong In Search Of A Remedy, Ronen Perry, Yehuda Adar
Ronen Perry
Wrongful abortion is an abortion that a pregnant woman is induced to undergo by a negligent conduct (usually a medical misrepresentation). For example, early in her pregnancy a woman is told by her physician that a medication that she had taken would cause her baby to be born with a severe birth defect. Based on the expert opinion, she decides to undergo an abortion. Only after the abortion does she learn that the advice regarding the baby's health was a negligent misrepresentation, and that the termination of the pregnancy was unnecessary. Underlying our article is a fundamental intuition that the …
The Cultural Evolution Of Tort Law, Stuart Madden
The Cultural Evolution Of Tort Law, Stuart Madden
ExpressO
THE CULTURAL EVOLUTION OF TORT LAW* Abstract The Institutes of Justinian and other Greco-Roman recitations of tort-type delicts and remedies are recognized as root stock of modern western tort law, common law or civil code-based alike. Long before these sources, however, both ancient and primitive cultures adopted norms and customs which defined permissible individual and group conduct, and which provided for remedies ranging from money damages to banishment. Among the surveyed examples of ancient cultural responses to tort-type delicts were numerous instances in which both the civil wrong identified and the remedy provided for can be harmonized readily with modern …
The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford
The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford
Faculty Scholarship
Legal actions against manufacturers of products that cause latent diseases, such as asbestos products, cigarettes, lead-pigment, and Agent Orange, are the signature torts of our time. Yet within this rather important subset of tort liability, it is unlikely that the imposition of liability actually results in loss prevention. Three factors, present in varying combinations in the context of latent diseases resulting from product exposure, frustrate the deterrent impact of liability. First, an extended period of time—sometimes decades—passes between the time of the manufacturer’s distribution of the product and the imposition of liability. Second, the accident compensation system frequently is unable …
The Theory Of Penalties And The Economics Of Criminal Law, Keith N. Hylton
The Theory Of Penalties And The Economics Of Criminal Law, Keith N. Hylton
Faculty Scholarship
This paper presents a model of penalties that reconciles the conflicting accounts optimal punishment by Becker, who argued penalties should internalize social costs, and Posner, who suggested penalties should completely deter offenses. The model delivers specific recommendations as to when penalties should be set to internalize social costs and when they should be set to completely deter offensive conduct. I use the model to generate a positive account of the function and scope of criminal law doctrines, such as intent, necessity, and rules governing the distinction between torts and crimes. The model is also consistent with the history of criminal …
Attention Felons: Evaluating Project Safe Neighborhoods In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan
Attention Felons: Evaluating Project Safe Neighborhoods In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan
Faculty Scholarship
This research uses a quasi-experimental design to evaluate the impact of Project Safe Neighborhood (PSN) initiatives on neighborhood level crime rates in Chicago. Four interventions are analyzed: (1) increased federal prosecutions for convicted felons carrying or using guns, (2) the length of sentences associated with federal prosecutions, (3) supply-side firearm policing activities, and (4) social marketing of deterrence and social norms messages through justice-style offender notification meetings. Using an individual growth curve models and propensity scores to adjust for non-random group assignment, our findings suggest that several PSN interventions are associated with greater declines of homicide in the treatment neighborhoods …
Remedies In International Human Rights Law (Chapter One), Dinah L. Shelton
Remedies In International Human Rights Law (Chapter One), Dinah L. Shelton
GW Law Faculty Publications & Other Works
This book discusses the various approaches to and types of remedies available for violations of international human rights law. The first point is that remedies have both a procedural and substantive component. Procedural remedies means that there is an opportunity to be heard, while the substantive facet refers to the “relief afforded the successful claimant.” The first chapter of the book notes that preliminary requirements are availability of the justice system and discusses the purposes of remedies, including compensating the victim, deterring future crimes, condemnation, retribution, and restorative justice (which aims to find options other than punishment and focusing more …