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Articles 271 - 300 of 338
Full-Text Articles in Law
Guns And Justifiable Homicide: Deterrence And Defense, Lawrence Southwick Jr.
Guns And Justifiable Homicide: Deterrence And Defense, Lawrence Southwick Jr.
Saint Louis University Public Law Review
No abstract provided.
Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison
Oklahoma Law Review
No abstract provided.
Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison
Oklahoma Law Review
No abstract provided.
Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard
Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard
Articles
Fraud in the securities markets has been a focus of legislative reform in recent years. Corporations-especially those in the high-technology industry-have complained that they are being unfairly targeted by plaintiffs' lawyers in class action securities fraud lawsuits. The corporations' complaints led to the Private Securities Litigation Reform Act of 1995 ("Reform Act"). The Reform Act attempted to reduce meritless litigation against corporate issuers by erecting a series of procedural barriers to the filing of securities class actions. Plaintiffs' attorneys warned that the Reform Act and the resulting decrease in securities class actions would leave corporate fraud unchecked and deprive defrauded …
Scared To Death: Capital Punishment As Authoritarian Terror Management, Donald P. Judges
Scared To Death: Capital Punishment As Authoritarian Terror Management, Donald P. Judges
Donald P. Judges
American capital punishment poorly serves its stated goal of deterrence, retribution, and incapacitation. It is outrageously expensive, morally troubling, and widely repudiated. Why and how, then, does it flourish here? Drawing on a social psychological theory known as “terror management,” I argue there that it is best understood as a largely non-conscious, symbolic defense against the incipient terror provoked by awareness of death. According to terror management theory, when reminded of their own mortality, people deploy a mostly non-conscious defensive process that reduces anxiety by enhancing self-esteem through identification with and protection of cultural worldview. This defense manifests in hyperpunitiveness, …
"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad
"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 …
Punitive Damages And The Economic Theory Of Penalties, Keith N. Hylton
Punitive Damages And The Economic Theory Of Penalties, Keith N. Hylton
Faculty Scholarship
Deterrence has long been considered one of the most important goals of both tort law and criminal law. However, there are different notions of deterrence advanced in the literature in these areas. The traditional notion of deterrence in the criminal punishment literature is one of "complete deterrence," of stopping offenders from committing offensive acts. Generally, complete deterrence is accomplished by eliminating the prospect of gain on the part of the offender. The alternative, more recent notion of deterrence, largely observed in the torts literature, is that of "appropriate or optimal deterrence," which implies deterring offensive conduct only up to the …
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
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.
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.
Private Litigation And The Deterrence Of Corporate Misconduct, James D. Cox
Private Litigation And The Deterrence Of Corporate Misconduct, James D. Cox
Law and Contemporary Problems
Cox discusses the linkage between private litigation and the deterrence of corporate misconduct.
Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson
Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson
Law and Contemporary Problems
Johnson suggests that institutions are uniquely positioned to enhance the deterrence function of securities litigation without undermining the compensation goal.
Commentary On The Limits Of Compensation And Deterrence In Legal Remedies, William T. Allen
Commentary On The Limits Of Compensation And Deterrence In Legal Remedies, William T. Allen
Law and Contemporary Problems
Allen comments on papers written by James Cox and Deborah DeMott regarding the deterrence of corporate misconduct. He examines the limits of compensation and deterrence as legal remedies.
Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin
Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin
Law and Contemporary Problems
Sporkin discusses how the private sector has often had to fend for itself when it comes to deterring corporate misconduct.
Enforcement Policy And Corporate Misconduct: The Changing Perspective Of Deterrence Theory, John T. Scholz
Enforcement Policy And Corporate Misconduct: The Changing Perspective Of Deterrence Theory, John T. Scholz
Law and Contemporary Problems
Scholz offers a comment on Stephen Calkins' article entitled "Corporate Compliance and the Antitrust Agencies' Bi-Modal Penalties." Scholz discusses deterrence theory and how the perspective on it changes.
Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector
Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector
Michigan Law Review
Among the myriad rules and statutes designed to curb litigation abuse, Rule 11 of the Federal Rules of Civil Procedure ("FRCP") is "the most widely used and most controversial of the sanctions rules." The increased use of Rule ll during the last fifteen years and the recent proliferation of fee-shifting provisions in federal statutes4 have led to an onslaught of motions for attorney's fees in the federal district courts. Simultaneously, these courts are seeing an increasing number of pro se litigants appear before them. The confluence of these two trends has produced the seemingly paradoxical result of pro se parties …
Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton
Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton
Articles
Taiwan held its first democratic presidential elections in March 1996, which motivated mainland China to stage large scale contemporaneous war games in the Taiwan Strait and aim unusually belligerent rhetoric at Taipei. The United States responded by deploying substantial naval forces in the area. After examining this confrontation between China, Taiwan, and the United States in terms of the 1979 Taiwan Relations Act, international law, and non-nuclear deterrence theory, the author presents a novel analysis of indirect deterrence communication between the United States and China
Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant
Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant
Faculty Scholarship
Crime control through law enforcement is generally considered to be a two-part process of apprehending and incapacitating or rehabilitating the guilty, and deterring the innocent from crime by the threat of punishment. The analysis presented here shows that the protection of the innocent from harassment-detention, arrest, punishment, and other intrusions by the criminal justice system-is important in deterring crime. Specifically, the analysis shows that deterrence from crime is weakened and then lost for a rational individual who holds the majority attitude toward risk, if the levels of rightful punishment and wrongful harassment are increased, as in a war on crime, …
On The Abolition Of Man: A Discussion Of The Moral And Legal Issues Surrounding The Death Penalty, Thomas J. Walsh
On The Abolition Of Man: A Discussion Of The Moral And Legal Issues Surrounding The Death Penalty, Thomas J. Walsh
Cleveland State Law Review
This article examines the moral and practical arguments supporting the death penalty in an effort to show why the United States should join other Western nations in the abolition of the death penalty. First, this article explores the historical context of the death penalty in the United States and examines the current status of constitutional doctrine on the death penalty. Next, because an analysis of the arguments for and against the death penalty are invariably charged with moral issues, an effort will be made to examine the moral aspects of the death penalty. The arguments offered in support of the …
Utility And Community: Musings On The Tort/Crime Distinction, Stephen G. Marks
Utility And Community: Musings On The Tort/Crime Distinction, Stephen G. Marks
Faculty Scholarship
In this Paper, I propose the following two step procedure to explain both the inclusion and exclusion of criminal utility. As a first step, I posit a full compliance utility function. This utility function includes all utilities for all activities and incorporates an assumption that all members of society will forego prohibited activities. Aa s preliminary matter, I will also presuppose common information and shared values within the community. I suggest that maximization of full compliance social utility determines what society prohibits. As a second step, I strip the social utility function of the utility from prohibited activities and drop …
Settlement Of Mass Tort Class Actions: Order Out Of Chaos, William W. Schwarzer
Settlement Of Mass Tort Class Actions: Order Out Of Chaos, William W. Schwarzer
Cornell Law Review
No abstract provided.
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Scholarly Works
No abstract provided.
Solving The Judgment-Proof Problem, Kyle D. Logue
Solving The Judgment-Proof Problem, Kyle D. Logue
Articles
A tortfeasor who cannot fully pay for the harms that it causes is said to be "judgment proof." Commentators have long recognized that the existence of judgment-proof tortfeasors seriously undermines the deterrence and insurance goals of tort law. The deterrence goal is undermined because, irrespective of the liability rule, judgment-proof tortfeasors will not fully internalize the costs of the accidents they cause. The insurance goal will be undermined to the extent that the judgment-proof tortfeasor will not be able to compensate fully its victims and that first-party insurance markets do not provide an adequate response. Liability insurance can ameliorate these …
Hardening Of The Attitudes: Americans' Views On The Death Penalty, Phoebe C. Ellsworth, Samuel R. Gross
Hardening Of The Attitudes: Americans' Views On The Death Penalty, Phoebe C. Ellsworth, Samuel R. Gross
Articles
American support for the death penalty has steadily increased since 1966, when opponents outnumbered supporters, and now in the mid-1990s is at a near record high. Research over the last 20 years has tended to confirm the hypothesis that most people’s death penalty attitudes (pro or con) are based on emotion rather than information or rational argument. People feel strongly about the death penalty, know little about it, and feel no need to know more. Factual information (e.g., about deterrence and discrimination) is generally irrelevant to people’s attitudes, and they are aware that this is so. Support for the death …
Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer
Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer
Faculty Publications
Three major policies underlie tort liability: deterrence, compensation, and corrective justice. A primary justification for proportional liability is its alleged superiority in advancing the tort policy of deterrence. This Article demonstrates a significant flaw in this claim by showing that the use of tort liability in multiple cause cases involving statistical evidence in fact serves the policy of deterrence quite poorly.
The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez
The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez
University of Michigan Journal of Law Reform
This Note argues that outlawing graffiti completely is not an effective solution. The only effective means of controlling graffiti is to develop laws and policies which accommodate graffiti art while discouraging graffiti vandalism and which attack the root causes of graffiti. Part I briefly outlines the origins of graffiti. Part II describes the different types of graffiti and the motivations of their respective creators. Part III analyzes the arguments for and against the legalization of certain types of graffiti and concludes that, because of the multitude of different types of graffiti, both graffiti proponents and opponents have meritorious arguments that …
The Three Uses Of The Law: A Protestant Source Of The Purposes Of Criminal Punishment, John Witte Jr., Thomas C. Arthur
The Three Uses Of The Law: A Protestant Source Of The Purposes Of Criminal Punishment, John Witte Jr., Thomas C. Arthur
Faculty Articles
In this article, we focus on the interaction of Anglo-American criminal law and Protestant theological doctrine. We argue (1) that the sixteenth-century Protestant theological doctrine of the uses of moral law provided a critical analogue, if not antecedent to the classic Anglo-American doctrine of the purposes of criminal law and punishment; and (2) that this theological doctrine provides important signposts to the development of a more integrated moral theory of criminal law and punishment in late twentieth century America.
Part One of this Article sets out the theological doctrine of the "civil," "theological," and "educational" uses of the moral law, …
Are Antitrust "Treble" Damages Really Single Damages?, Robert H. Lande
Are Antitrust "Treble" Damages Really Single Damages?, Robert H. Lande
All Faculty Scholarship
This Article will show that antitrust violations do not actually give rise to "treble" damages. When viewed correctly, antitrust damages awards are approximately equal to, or are in fact less than, the actual damages caused by antitrust violations.
The article demonstrates this by analyzing the relatively quantifiable harms from antitrust violations, modeling the issues under both deterrence and compensation frameworks. It calculates rough estimates of those factors that affect the magnitude of the antitrust damages multiplier actually awarded. These adjustments to the "treble" damages multiplier arise from: (1) the lack of prejudgment interest; (2) the effects of the statute of …
Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon
Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon
Scholarship Chronologically
Blackmail law can impact on the belief structures (moralisms) and behaviors of both the potential criminal and the potential victim; it also can affect the conceptual and value structures of lawyers and other societal onlookers. These issues surrounding what one might call the "symbolic" virtues of outlawing the act of blackmail may help to explain why blackmail law seems relatively unconcerned with the well-being of the victim.
Limiting Punitive Damages: A Placebo For America's Ailing Competitiveness., Jimmie O. Clements Jr.
Limiting Punitive Damages: A Placebo For America's Ailing Competitiveness., Jimmie O. Clements Jr.
St. Mary's Law Journal
This Comment will discuss Vice President Dan Quayle’s proposed legislation by reviewing the history of punitive damages and providing an overview of current state legislation. Thereafter, this Comment debunks the theory of an unruly punitive damage system and analyzes the impact of a punitive damages cap on competitiveness, quality, safety and the doctrine’s underlying goals. On August 13, 1991, Vice President Quayle, as head of the President’s Council on Competitiveness (the Council), addressed the American Bar Association’s annual meeting. He announced a fifty-point proposal designed to improve the civil justice system. Vice President Quayle proposed, inter alia, a cap on …
Wielding The Big Stick: Deterrence And The Criminal Enforcement Of Environmental Laws, Bradley C. Howard
Wielding The Big Stick: Deterrence And The Criminal Enforcement Of Environmental Laws, Bradley C. Howard
William & Mary Environmental Law and Policy Review
No abstract provided.