Judicial and scholarly descriptions of the deterrent power of civil rights damages actions rely heavily on the assumption that government officials have enough information about lawsuits alleging misconduct by their officers that they can weigh the costs and benefits of maintaining the status...

The author in this piece reflects on the death penalty in the U.S. in the aftermath of the 9/11 terrorist attacks. The writer goes on to argue that capital punishment is, in and of itself, a form of violence. Also discussed in the article are the gradual removal of executions from public view,...

This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify...

This Essay examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline...

The legal and economic analysis presented here empirically tests the theoretical framework advanced by Buscaglia (1997) and by Kugler, Verdier, and Zenou (2003). This paper goes beyond the prior literature by focusing on the empirical assessment of the actual implementation of the institutional...

The legal and economic analysis presented here empirically tests the theoretical framework advanced by Buscaglia (1997) and by Kugler, Verdier, and Zenou (2003). This paper goes beyond the prior literature by focusing on the empirical assessment of the actual implementation of the institutional...

Corporate compliance is becoming increasingly “criminalized.” What began as a means of industry self-regulation has morphed into a multi-billion dollar effort to avoid government intervention in business, specifically criminal and quasi-criminal investigations and prosecutions. In order to...

In 2003 the Dawson Committee, commissioned by the Australian Government, recommended that criminal penalties should be introduced for cartel conduct. The Government accepted this recommendation in principle and set up a working party to consider the implementation difficulties that had been...

This article examines the impact permissive procedures have on an arbitrator's ability to maintain order. The suggestion made is that the new rules offer nothing that isn't already available by judicial decree. While the effort to assist the arbitrator is laudable, no administrator can go...

Courts and commentators have often embraced the class action device as an ideal means of assessing punitive damages fairly in mass tort cases. In this Article, Professor Hines sounds a cautionary note by identifying a number of procedural and substantive obstacles that may thwart effective class...