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Full-Text Articles in Law

"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad Dec 1998

"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad

University of Michigan Journal of Law Reform

Just as Grant Gilmore described "contorts" that lie on the borderline between contract and tort law, the authors coin the term "crimtort" to identify the expanding common ground between criminal and tort law. Although the concept of crimtort can be broadly applied to many areas of the law, this Article focuses on the primary crimtort remedy - punitive damages. The deterrent power of punitive damages lies in the wealth-calibration of the defendant's punishment. For corporations this means that punitive damages will reflect the firm's net income or net worth. The theoretical danger is that juries will abuse wealth by redistributing …


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Nov 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Michigan Law Review

In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …


Revoking An Aggressor's License To Kill Military Forces Serving The United Nations: Making Deterrence Personal, Walter Gary Sharp Sr. Jan 1998

Revoking An Aggressor's License To Kill Military Forces Serving The United Nations: Making Deterrence Personal, Walter Gary Sharp Sr.

Maryland Journal of International Law

No abstract provided.