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Articles 1 - 4 of 4
Full-Text Articles in Law
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Michigan Law Review
Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …
Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D.
Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D.
Journal of Aviation/Aerospace Education & Research
Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …
Beyond Administrative Tunnel Vision: Widening The Lens Of Costs And Benefits, Govind Persad
Beyond Administrative Tunnel Vision: Widening The Lens Of Costs And Benefits, Govind Persad
Sturm College of Law: Faculty Scholarship
Choices in one sector or department of public policy, such as health, frequently produce costs and benefits in other sectors, such as education or the environment. In this article, I argue that administrators should not make decisions in ways that ignore effects on other policy sectors, and arguablythough more debatably-should not give special priority to the interests of their own sector In Part I, I review contexts where administrators are directed to ignore or give a lower priority to effects on other policy sectors. In Part II, I lay out an argument that agencies should not ignore these effects (using …
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
All Faculty Scholarship
Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …