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...

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...

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...

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 criminal law, the mental state of the defendant is a crucial determinant of the grade of crime that the defendant has committed and of whether the conduct is criminal at all. Under the widely accepted modern hierarchy of mental states, an actor is most culpable for causing harm purposely, and...

This Essay examines the issue of “sentence finality” in the hope of encouraging more thorough and reflective consideration of the values and interests served — and not served — by doctrines, policies, and practices that may allow or preclude the review of sentences after they have been...

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 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...

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...