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...

Cartels are illegal in India, as they are almost everywhere. They are subject to heavy fines. Why, then, do businesses frequently try to fix prices? Because doing so usually is profitable. On average cartels raise prices by more than 20%, and probably face less than a 25% chance of being caught...

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...

In Elgizouli v Secretary of State for the Home Department, the UK Supreme Court reviewed the Home Secretary’s decision to assist the US federal authorities to prosecute two alleged terrorists, who were accused of heinous crimes on behalf of ISIS in Syria where they were detained. The mutual...

This chapter, based on a report presented on the occasion of the annual meeting of the German Society of Comparative Law in 2017, focuses on recent developments in the law of set-off and penalties/liquidated damages, highlighting specifically the decisions in Cavendish Square Holding BV v. Talal...

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...

This article critically examines the conflicting estate tax definitions of family in I.R.C. Sections 2036, 2032A and 6166. The sections use terms such as family and related in ways that conflict with each other and with lay understanding of the terms. From an historical perspective, the multiple...

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...