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...

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...

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...

Although much ink has been spilled over the decision of the Supreme Court in eBay v. Mercexchange to modify the test for equitable relief in patent cases and to nullify the long-standing presumption that victims of infringement are always entitled to permanent injunctions, an obvious point is...

This paper examines the problem of wrongful convictions with an aim towards developing a system for reducing the rate of wrongful convictions. Because current laws only seek to compensate exonerees for wrongful convictions, it is necessary to consider strategies for reducing the rate of wrongful...

We analyze optimal sentence length for recurring crimes in the face of adjudication errors. We develop an infinite-horizon model where offenders are habitual---they repeat crimes whenever free. If apprehended, criminals may be wrongfully acquitted. Similarly, innocent persons may be apprehended...

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...