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dimensions of public law enforcement may be distinguished. One is the choice of the basic rule of liability: whether liability is … strict or fault-based, and whether liability is imposed only if harm is done or may be imposed on the basis of acts alone … enforcement are discussed in the chapters that follow. In chapter 20, the basic theory of public enforcement employing monetary …
Persistent link: https://www.econbiz.de/10014084960
This article surveys the theory of the public enforcement of law -- the use of public agents (inspectors, tax auditors …, police, prosecutors) to detect and to sanction violators of legal rules. We first present the basic elements of the theory …, focusing on the probability of imposition of sanctions, the magnitude and form of sanctions, and the rule of liability. We then …
Persistent link: https://www.econbiz.de/10013216494
This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is …
Persistent link: https://www.econbiz.de/10013233764
The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...
Persistent link: https://www.econbiz.de/10013037306
This chapter of the forthcoming Handbook of Law and Economics surveys the theory of the public enforcement of law %u … sanction imposed on a liable party be a fine, an imprisonment term, or a combination of the two? Should the rule of liability … extensions of the central theory, including: activity level; errors; the costs of imposing fines; general enforcement; marginal …
Persistent link: https://www.econbiz.de/10013213098
Domestic violence remains a major public policy concern despite two decades of policy intervention. To eliminate police inaction in response to domestic violence, many states have passed mandatory arrest laws, which require the police to arrest abusers when a domestic violence incident is...
Persistent link: https://www.econbiz.de/10012760037
What external control mechanisms are most effective in detecting corporate fraud? To address this question we study in depth all reported cases of corporate fraud in companies with more than 750 million dollars in assets between 1996 and 2004. We find that fraud detection does not rely on one...
Persistent link: https://www.econbiz.de/10012760394
probability of being monitored. After developing the theory that justifies the application of outcomes-based tests, we apply the …
Persistent link: https://www.econbiz.de/10013225848
This paper investigates the impact of economics conditions (carrots) and sanctions (sticks) on murder, assault, robbery, burglary and motor vehicle theft in New York City, using monthly time-series data spanning 1974-1999. Carrots are measured by the unemployment rate and the real minimum wage;...
Persistent link: https://www.econbiz.de/10013235267
discharges contaminate riparian properties belonging to multiple owners, and we compare property rules, liability rules, and … to liability rules when there are few parties and bargaining is feasible, but they excessively deter efficient pollution … liability rules to regulation. An empirical analysis of water quality in the U.S. before and after the Clean Water Act shows …
Persistent link: https://www.econbiz.de/10012982019