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Although the study of plea bargaining would seem, by its nature, to invite interdisciplinary collaboration between criminal law and dispute resolution scholars, there has been remarkably little cross-fertilization between the fields. In this Essay, we discuss the suitability of conceptualizing...
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Arbitration Act (FAA), as interpreted by courts. Anyone who does so faces vacatur and in extreme cases a finding that the action …
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In this article, Professor Stipanowich discusses the evolution of arbitration as a wide-ranging “surrogate” for civil …
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The US Tax Code allows defendants to treat punitive damages as an ordinary and necessary business expense, thereby reducing their taxable income. Legal scholars posit that jurors are unaware that punitive damages are tax-deductible. Consequently, they claim that there is an under-punishment...
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This paper interprets dispute settlement procedures and punishments as responses to the fact that trade agreements are incomplete contracts. I argue that this can explain prominent features and has implications for trade agreements. If no weight is given to the adjudication phase and if the...
Persistent link: https://www.econbiz.de/10014129443
There is no consensus in the economics of law enforcement literature regarding the likely effects of wrongful convictions on deterrence. While many assert that wrongful convictions and wrongful acquittals are likely to cause similar reductions in deterrence, others, most notably Lando (2006),...
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Deterrence continues to be one of the principal objectives of penal policy, upheld by legislature and judiciary alike. On the legislative level, increased penalties are frequently introduced, sometimes specifying minimum terms of imprisonment, with this aim in view. On the judicial level, it was...
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