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Articles 1 - 30 of 342
Full-Text Articles in Law
Whistle-Blowing And The Incentive To Hire, Jef De Mot, Murat C. Mungan
Whistle-Blowing And The Incentive To Hire, Jef De Mot, Murat C. Mungan
Faculty Scholarship
We consider a previously neglected cost of whistle-blower awards: employers may base their hiring decisions, on the margin, not on the productivity of an employee but rather on the probability that the employee will become a whistle-blower. We develop a three-stage model to examine how productivity losses due to distortions at the hiring stage influence optimal whistle-blower rewards. We characterize optimal rewards for whistle-blowing, and show that when rewards can be chosen according to either the benefits of the employer from offending or the productivity of the worker being hired, productivity-based rewards are superior to benefit-based rewards.
Inmate Assistance Programs: Toward A Less Punitive And More Effective Criminal Justice System, Erkmen G. Aslim, Yijia Lu, Murat C. Mungan
Inmate Assistance Programs: Toward A Less Punitive And More Effective Criminal Justice System, Erkmen G. Aslim, Yijia Lu, Murat C. Mungan
Faculty Scholarship
High recidivism rates in the United States are a well-known and disturbing problem. In this article, we explain how this problem can be mitigated in a cost-effective manner through reforms that make greater use of humane methods that help inmates rather than using more punitive measures.
We focus on Inmate Assistance Programs (IAPs) adopted by many states. Some of these programs provide inmates with valuable skill sets to utilize upon their release while others are geared towards treating mental health and substance use disorder problems. IAPs are likely to reduce recidivism by lowering ex-convicts’ need to resort to crime for …
Considering Caretakers: An Explicit Argument For Downward Departures During Federal Sentencing Mitigation For Caretakers Of Children, Danielle Sparber Bukacheski
Considering Caretakers: An Explicit Argument For Downward Departures During Federal Sentencing Mitigation For Caretakers Of Children, Danielle Sparber Bukacheski
University of Miami Law Review
The sentencing stage of the federal legal system provides defendants with an opportunity to articulate why the sentencing judge is justified in imposing less severe sentences. Yet, under the Federal Sentencing Guidelines, sentencing judges have been restricted in the characteristics and background information that can be utilized when imposing a downward departure from the recommended Guidelines sentence. More specifically, there is great variability regarding the extent to which family-related circumstances can be utilized as justification for a downward departure due to the Sentencing Commission’s ambiguous language. Considering the damaging effects of incarceration on children when a caretaker is physically removed …
Parameters Spring 2024, Usawc Press
Parameters Spring 2024, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor In Chief, Antulio J. Echevarria Ii
From The Editor In Chief, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
Welcome to the Spring 2024 issue of Parameters. Readers will note a few differences in the formatting for this issue: we are now using endnotes instead of footnotes to facilitate switching from pdf to html via Adobe's Liquid App; also, readers will be able to click on each endnote number to view the full endnote and then switch back to the text to resume reading. Please drop us a note to let us know how you like the changes. More are coming!
Rethinking The Relevance Of Self-Deterrence, Jeffrey H. Michaels
Rethinking The Relevance Of Self-Deterrence, Jeffrey H. Michaels
The US Army War College Quarterly: Parameters
Self-deterrence is critically understudied in deterrence theory. Similarly, deterrence practitioners prefer to focus on adversaries’ threats rather than seeking to account for the full scope of fears influencing the decision calculus of policymakers. Through historical case studies, this article identifies where self-deterrence has occurred, highlights the benefits of incorporating the concept in future strategic planning and intelligence assessments, and recommends that policymakers, strategists, and analysts acknowledge self-deterrence as an important factor when preparing for future wars.
War Crimes As Vocabulary Shaping The Visible, Rebecca Mignot-Mahdavi
War Crimes As Vocabulary Shaping The Visible, Rebecca Mignot-Mahdavi
Saint Louis University Law Journal
The traditional exclusion of sexual violence and rape from the ambit of international humanitarian law stems from the long-established masculinist perception of war and the exacerbated invisibility of women and girls in that context. International criminal law tried to recognize this traditionally invisible suffering and pain in armed conflicts by characterizing rape and sexual violence as war crimes. This contribution explores the effect of the recognition of rape and sexual violence as war crimes on conflicts and societies as a case study to explore the use of war crimes and international criminal law—rather than International Humanitarian Law (“IHL”) norms—as a …
Behaviour Of Creditors And Involved Stakeholders In Corporate Insolvency Resolution Process (Cirp) In India: An Economic Perspective, Hiteshkumar Thakkar, Pranay Agarwal, Randall K. Johnson
Behaviour Of Creditors And Involved Stakeholders In Corporate Insolvency Resolution Process (Cirp) In India: An Economic Perspective, Hiteshkumar Thakkar, Pranay Agarwal, Randall K. Johnson
Faculty Works
IBC has long clarified its purpose of achieving efficiency in the resolution procedure along with the welfare of the stakeholders. In order to achieve it, the code introduced Corporate Insolvency Resolution Process (CIRP) as a group solution mechanism in insolvency cases. While there is a plethora of studies focusing on the procedural and substantive working of the process, its influence over the behaviour and conduct of the stakeholders and its impact on its success has been ignored. Through this study, the author aims to develop a comprehensive economic model to explain the impact of CIRP on the creditor’s behaviour and …
A Reputational View Of Antitrust’S Consumer Welfare Standard, Murat C. Mungan, John M. Yun
A Reputational View Of Antitrust’S Consumer Welfare Standard, Murat C. Mungan, John M. Yun
Faculty Scholarship
A reform movement is underway in antitrust. Citing prior enforcement failures, deviations from the original intent of the antitrust laws, and overall rising levels of sector concentration, some are seeking to fundamentally alter or altogether replace the current consumer welfare standard, which has guided courts over the past fifty years. This policy push has sparked an intense debate over the best approach to antitrust law enforcement. In this Article, we examine a previously unexplored potential social cost from moving away from the consumer welfare standard: a loss in the information value to the public from a finding of liability. A …
Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem, Brice Barnes
Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem, Brice Barnes
Pepperdine Dispute Resolution Law Journal
This article analyzes MLB’s PED policy and proposes amending the policy by arbitrating the agreement to create one that further deters players from using PEDs. The remainder of this article is divided into five parts: Part II discusses the significance of the PED issue and why resolution is necessary; Part III discusses the history of PED use in baseball and the efforts by the League to address it; Part IV proposes the solution of arbitration and explains how the process might work; Part V addresses potential objections to that solution; and finally, Part VI concludes.
Relations Between Peer Influence, Perceived Cost Versus Benefits, And Sexual Offending Among Adolescents Aware Of Sex Offender Registration Risk, Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja
Relations Between Peer Influence, Perceived Cost Versus Benefits, And Sexual Offending Among Adolescents Aware Of Sex Offender Registration Risk, Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja
Psychology Faculty Scholarship
A policy's general deterrent effect requires would-be offenders to be aware of the policy, yet many adolescents do not know they could be registered as sex offenders, and even adolescents who do know may still commit registerable sexual offenses. We tested whether peer influences shape the perceived costs/benefits of certain sexual offenses and, subsequently, registration policy's general deterrent potential in a sample of policy-aware adolescents. The more adolescents believed their peers approve of sexting of nude images, the more likely they were to have sexted. For forcible touching, having more positive peer expectations about sex and perceiving forcible touching as …
Optimal Standards Of Proof In Antitrust, Murat C. Mungan, Joshua Wright
Optimal Standards Of Proof In Antitrust, Murat C. Mungan, Joshua Wright
Faculty Scholarship
Economic analyses of antitrust institutions have thus far focused predominantly on optimal penalties and the design of substantive legal rules, and have largely ignored the standard of proof used in trials as a policy tool in shaping behavior. This neglected tool can play a unique role in the antitrust context, where a given firm may have the choice to engage in exceptional anticompetitive or procompetitive behavior, or simply follow more conventional business practices. The standard of proof used in determining the legality of a firm’s conduct affects not only whether the firm chooses to engage in pro- versus anticompetitive behavior, …
Defining And Deterring Faits Accomplis, Brandon Colas
Defining And Deterring Faits Accomplis, Brandon Colas
The US Army War College Quarterly: Parameters
This article describes faits accomplis—how states attempt to seize disputed territory using military force, hoping to avoid war in the process—and offers suggestions for how to deter them. Since 1945, faits accomplis have become the most common means by which states attempt to take over territory, even though they frequently result in armed conflict. US deterrent efforts, however, often focus on stopping invasions, not limited land grabs. This study combines the traditional literature on deterrence with Dan Altman’s recent research on faits accomplis to suggest Department of Defense leaders should frame territorial disputes as a real estate market they can …
Putin’S Invasion Of Ukraine In 2022: Implications For Strategic Studies, Antulio J. Echevarria Ii
Putin’S Invasion Of Ukraine In 2022: Implications For Strategic Studies, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
This special commentary examines critical issues for the field of strategic studies raised by Russia’s invasion of Ukraine, including the waning of major war, strategic coercion, and “War Amongst the People.” Drawing on previous scholarship and current events, this commentary considers the questions raised by the first major war of the twenty-first century. It provides recommendations for scholars and senior leaders on how to work together to address the questions of strategy and policy that have and continue to arise as the war progresses.
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
On "Broken Nest: Deterring China From Invading Taiwan" And Authors' Response, Eric Chan
On "Broken Nest: Deterring China From Invading Taiwan" And Authors' Response, Eric Chan
The US Army War College Quarterly: Parameters
No abstract provided.
Parameters Spring 2022, Usawc Press
Parameters Spring 2022, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Deterrence And The Death Penalty: A Study Of The Effects Of Capital Punishment On Homicide, Jacob Stump
Deterrence And The Death Penalty: A Study Of The Effects Of Capital Punishment On Homicide, Jacob Stump
Williams Honors College, Honors Research Projects
The death penalty receives an abundance of criticism within the United States, as critics argue it to be cruel and an unjust form of punishment. As the debate carries on and more states illegalize the death penalty, the largest point of contention centers on the question: to what extent does the death penalty deter homicides from occurring? This analysis is critical to the implementation of the death penalty, as many legal scholars cite its ability to deter to be its strongest argument for persisting. Ultimately, any argument that undermines this theory provides a greater incentive for abolition, as the death …
Corporate Crime And Punishment: An Empirical Study, Dorothy S. Lund, Natasha Sarin
Corporate Crime And Punishment: An Empirical Study, Dorothy S. Lund, Natasha Sarin
All Faculty Scholarship
For many years, law and economics scholars, as well as politicians and regulators, have debated whether corporate criminal enforcement overdeters beneficial corporate activity or in the alternative, lets corporate criminals off too easily. This debate has recently expanded in its polarization: On the one hand, academics, judges, and politicians have excoriated enforcement agencies for failing to send guilty bankers to jail in the wake of the 2008 financial crisis; on the other, the U.S. Department of Justice has since relaxed policies that encouraged individual prosecutions and reduced the size of fines and number of prosecutions. A crucial and yet understudied …
Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell
Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell
Environmental and Earth Law Journal (EELJ)
The U.S. Environmental Protection Agency (EPA) and the Department of Justice are tasked with the investigation and prosecution of hazardous waste crimes occurring under the U.S. Resource Conservation and Recovery Act (RCRA). For criminal sanctions to be effective, the probability of detection and severity of punishment must be significant enough to raise the cost to benefit ratio to deter environmental crimes. While research examines sanctioning under RCRA, little work examines the plausibility of the deterrent effect of criminal sanctions. Through content analysis of all environmental crime prosecutions resulting from EPA criminal investigations, 1983-2019, we explore the probability of detection and …
Full Spectrum Space Deterrence: From Laws To Technology, Joshua Carlson
Full Spectrum Space Deterrence: From Laws To Technology, Joshua Carlson
Honors Theses
Conflict in space is becoming an ever-real possibility, with the potential of rendering the space completely useless for future generations. Current talks are centered around limiting or preventing any weapons deployed to space, but this is not the most effective way of dealing with the issue. The focus should shift to agreeing on how nations should act responsibly in space together instead of preventing nations from acting at all. The best way of accomplishing this goal is by improving satellite design, creating agreed upon and understood rules of engagement, fostering widespread cooperation between nations, and choosing not to be the …
International Law Relating To The Use Of Deterrence And Prevention Strategies To Ensure The Efficient Management Of Water Resources, Dr. Maher Abdul Mawla
International Law Relating To The Use Of Deterrence And Prevention Strategies To Ensure The Efficient Management Of Water Resources, Dr. Maher Abdul Mawla
UAEU Law Journal
Many experts claim that a Third World War is most likely to occur because of the growing conflicts over water. This pure substance, which is essential for life on earth, has become an issue of common concern to all nations. The great powers, for instance, give top priority to water availability and sustainability when they develop their policies and strategies.
To prevent and resolve water disputes, the international community has set many rules regarding the sustainable, efficient and equitable use of water. These rules, which are enshrined in international law, vary from state to state because they mainly deal with …
Government Ethics In The Age Of Trump, Adam Raviv
Government Ethics In The Age Of Trump, Adam Raviv
University of Michigan Journal of Law Reform
Americans’ trust in government officials has never been lower. Despite the intense public focus on ethics in government in recent years, legal scholarship on the subject has been sparse. This Article fills the gap by examining the ethics regime of the federal executive branch in depth, with a discussion of both the applicable ethics standards and the agencies and offices that are charged with ensuring that government officials comply with those standards. The Article describes how the current system heavily emphasizes prevention, education, and highly detailed disclosures while it rarely enforces the law against wrongdoers. A federal official in the …
The Robber Wants To Be Punished, Uri Weiss
The Robber Wants To Be Punished, Uri Weiss
Touro Law Review
It is a commonly held intuition that increasing punishment leads to less crime. Let us move our glance from the punishment for the crime itself to the punishment for the attempt to commit a crime, or to the punishment for the threat to carry it out. We argue that the greater the punishment for the attempted robbery, i.e., for the threat, "give me your money or else," the greater the number of robberies and threats there will be. The punishment for the threat makes the withdrawal from it more expensive for the criminal, making the relative cost of committing the …
Corporate Crime And Punishment: An Empirical Study, Dorothy S. Lund, Natasha Sarin
Corporate Crime And Punishment: An Empirical Study, Dorothy S. Lund, Natasha Sarin
Faculty Scholarship
For many years, law and economics scholars, as well as politicians and regulators, have debated whether corporate punishment chills beneficial corporate activity or, in the alternative, lets corporate criminals off too easily. A crucial and yet understudied aspect of this debate is empirical evidence. Unlike most other types of crime, the government does not measure corporate crime rates; therefore, the government and researchers alike cannot easily determine whether disputed policies are effectively deterring future incidents of corporate misconduct. In this Article, we take important first steps in addressing these questions. Specifically, we use three novel sources as proxies for corporate …
The Economic Case For Rewards Over Imprisonment, Brian D. Galle
The Economic Case For Rewards Over Imprisonment, Brian D. Galle
Indiana Law Journal
There seems to be a growing social consensus that the United States imprisons far too many people for far too long. But reform efforts have slowed in the face of a challenging question: How can we reduce reliance on prisons while still discouraging crime, particularly violent crime? Through the 1970s, social scientists believed the answer was an array of what I will call preventive benefits: drug and mental health treatment, housing, and even unconditional cash payments. But early evaluations of these programs failed to find much evidence that they were successful, confirming a then-developing economic theory that predicted the programs …
Deterrence Theory: Key Findings And Challenges, Alex Raskolnikov
Deterrence Theory: Key Findings And Challenges, Alex Raskolnikov
Faculty Scholarship
This chapter reviews the key findings of the optimal deterrence theory and discusses the remaining challenges. Some of these challenges reflect current modeling choices and limitations. These include the treatment of the offender’s gains in the social welfare function; the design of the damages multiplier in a realistic, multi-period framework; the effects of different types of uncertainty on behavior; and the study of optional, imperfectly enforced, threshold-based regimes – that is, regimes that reflect the most common real-world regulatory setting. Other challenges arise because several key regulatory features and enforcement outcomes are inconsistent with the deterrence theory’s predictions and prescriptions. …
M&A Advisor Misconduct: A Wrong Without A Remedy?, Andrew F. Tuch
M&A Advisor Misconduct: A Wrong Without A Remedy?, Andrew F. Tuch
Scholarship@WashULaw
Merger and acquisition ("M&A") transactions are among the most high profile of corporate transactions. They are also among the most contentious, with around eighty percent of all completed deals litigated in recent years. And yet investment banks—essential advisors on these deals—have generally succeeded spectacularly in avoiding liability, an anomaly considering the routine nature of deal litigation and the frequency with which they face lawsuits in their other activities. This article examines this anomaly, explaining the doctrinal and practical reasons why it arises. In doing so, it puts in context aiding and abetting liability, a recently-successful shareholder strategy to bring M&A …
Report To The Wisconsin Office Of Lawyer Regulation: Analysis Of Grievances Filed In Criminal And Family Matters From 2013-2016, Leslie C. Levin, Susan Saab Fortney
Report To The Wisconsin Office Of Lawyer Regulation: Analysis Of Grievances Filed In Criminal And Family Matters From 2013-2016, Leslie C. Levin, Susan Saab Fortney
Faculty Scholarship
In many states, the highest number of docketed grievances arise out of criminal and family law matters. This report analyzes the 4,898 grievances filed with the Wisconsin Office of Lawyer Regulation (“OLR”) in family or criminal law matters during the period from 2013-2016. The OLR provided the data, enabling analysis of the grievances by gender, age, length of time since law school graduation, type of matter, prior experience with diversion or discipline, and geographical location. The data also revealed the frequency of allegations by practice matter, the types of allegations that led to discipline, and the frequency with which lawyers …
Understanding The Revenue Potential Of Tax Compliance Investment, Natasha Sarin, Lawrence H. Summers
Understanding The Revenue Potential Of Tax Compliance Investment, Natasha Sarin, Lawrence H. Summers
All Faculty Scholarship
In a July 2020 report, the Congressional Budget Office estimated that modest investments in the IRS would generate somewhere between $60 and $100 billion in additional revenue over a decade. This is qualitatively correct. But quantitatively, the revenue potential is much more significant than the CBO report suggests. We highlight five reasons for the CBO’s underestimation: 1) the scale of the investment in the IRS contemplated is modest and far short of sufficient even to return the IRS budget to 2011 levels; 2) the CBO contemplates a limited range of interventions, excluding entirely progress on information reporting and technological advancements; …