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Western legal systems are far from having provided the same solution to the problem of whether acquitted pre-trial detainees should be compensated for the harm suffered as a result of detention on remand. Various arguments have been formulated in order to justify or criticize this compensation,...
Persistent link: https://www.econbiz.de/10012965131
results; one example is the provision of indigent defense in criminal cases. Monopsony theory would predict all the problems … on. More disheartening is that monopsony theory would predict that these effects would be inevitable, regardless of the … budget the government allocates for indigent defense. Despite this pessimistic prediction, monopsony theory offers a useful …
Persistent link: https://www.econbiz.de/10014153427
This paper presents a model of penalties that reconciles the conflicting accounts optimal punishment by Becker, who argued penalties should internalize social costs, and Posner, who suggested penalties should completely deter offenses. The model delivers specific recommendations as to when...
Persistent link: https://www.econbiz.de/10014106678
A century ago, captains of industry and their allies in government launched a social experiment in urban America: the abandonment of mass transit in favor of a new personal technology, the private automobile. Decades of investment in this shift have created a car-centric landscape with...
Persistent link: https://www.econbiz.de/10014107747
The standard two-period law enforcement model is considered in a setting where individuals rarely lose self-control or commit crime without first comparing expected costs and benefits. Where escalating punishment schemes are present, there is an inherent value in keeping a clean criminal record;...
Persistent link: https://www.econbiz.de/10013036615
This article assesses the national and transnational effects of Brexit on integrity and anti-corruption law and policies. Drawing on relevant legal, criminological and economic theoretical and empirical findings, we suggest that Brexit is not bound to have a negative impact, but can become an...
Persistent link: https://www.econbiz.de/10012914430
This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...
Persistent link: https://www.econbiz.de/10013098841
Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...
Persistent link: https://www.econbiz.de/10013070323
Persistent link: https://www.econbiz.de/10013074576
Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization...
Persistent link: https://www.econbiz.de/10013051923