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This paper analyzes the influence of political and institutional factors on the enactment of sentencing guidelines and truth-in-sentencing legislation by US states. First, we develop a model of strategic interaction among the judiciary, parole boards and state legislators, to analyze the...
Persistent link: https://www.econbiz.de/10014057270
The recent European Union (EU) proposal to harmonize criminal penalties for sanctions violations across its member states purports to be an ambitious initiative to create a consistent approach to sanctions enforcement across the Union. However, the proposal falls short of the reform needed to...
Persistent link: https://www.econbiz.de/10014240595
The harmonization of criminal law and procedure is still in its infancy within European Union law and so the relationship between the commercial framework of intellectual property and the criminal enforcement of its standards remains an unsettled and unsettling adolescence. The Proposal for a...
Persistent link: https://www.econbiz.de/10014181535
On 1 September 2006, the European Commission published new Guidelines on the method it will use when setting fines for undertakings that have infringed the competition rules laid down in Articles 81 and 82 of the EC Treaty. This paper discusses the questions what the purpose is of guidelines,...
Persistent link: https://www.econbiz.de/10014052842
Persistent link: https://www.econbiz.de/10003868392
Persistent link: https://www.econbiz.de/10014564546
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
Open data are held to contribute to a wide variety of social and political goals, including strengthening transparency, public participation and democratic accountability, promoting economic growth and innovation, and enabling greater public sector efficiency and cost savings. However, releasing...
Persistent link: https://www.econbiz.de/10013011353
This paper discusses the regulation of mass metadata surveillance in Europe through the lens of the landmark judgment in which the Court of Justice of the European Union struck down the Data Retention Directive. The controversial directive obliged telecom and Internet access providers in Europe...
Persistent link: https://www.econbiz.de/10013013245
In this article, I will examine the doctrine of ignorantia legis, or presumed knowledge of the law, as it functions in the current milieu of American criminal justice, the age of the regulatory crime. Much ink has been spilled over this doctrine, and many pieces argue against ignorantia legis,...
Persistent link: https://www.econbiz.de/10014136957