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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/10012469000
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/10012471807
This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is …
Persistent link: https://www.econbiz.de/10012476955
This chapter of the forthcoming Handbook of Law and Economics surveys the theory of the public enforcement of law … sanction imposed on a liable party be a fine, an imprisonment term, or a combination of the two? Should the rule of liability … of the central theory, including: activity level; errors; the costs of imposing fines; general enforcement; marginal …
Persistent link: https://www.econbiz.de/10012466891
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/10012460894
Strong sentences are common "tough on crime" tool used to reduce the incentives for individuals to participate in criminal activity. However, the design of such policies often ignores other margins along which individuals interested in participating in crime may adjust. I use California's Three...
Persistent link: https://www.econbiz.de/10012464863
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/10012465468
We study the labor market impacts of retroactively reducing felonies to misdemeanors in San Joaquin County, CA, where criminal justice agencies implemented Proposition 47 reductions in a quasi-random order, without requiring input or action from affected individuals. Linking records of...
Persistent link: https://www.econbiz.de/10014421198
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/10012465774
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/10012467740