The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...

We analyze corruption in law enforcement: the payment of bribes to enforcement agents, threats to frame innocent individuals in order to extort money from them, and the actual framing of innocent individuals. Bribery, extortion, and framing reduce deterrence and are thus worth discouraging....

Corporate liability regimes have two major social goals: inducing corporations to internalize all social ramifications of their activity; and inducing corporations to prevent, deter, and report their employee misconduct. The scholarly polemic has shown that none of the liability regimes...

Despite the Supreme Court's 2005 decision in United States v. Booker, which enhanced the power of district court judges to sentence defendants below the range prescribed by the federal sentencing guidelines, the great majority of federal sentences continue to follow the guidelines'...

Although a punishment can be applied only once, the threat to punish can be repeated several times. This is possible because, when parties comply, the punishment is not applied and can thus be used to support a new threat. We refer to this feature of sticks as the "multiplication effect". The...

This paper presents a model of penalties that reconciles the conflicting accounts optimal punishment by Becker, who argued penalties should internalize social costs, and Posner, who suggested penalties should completely deter offenses. The model delivers specific recommendations as to when...

A century ago, captains of industry and their allies in government launched a social experiment in urban America: the abandonment of mass transit in favor of a new personal technology, the private automobile. Decades of investment in this shift have created a car-centric landscape with...

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...

Sports bribery and match-fixing have become a part of the on-going sports news cycle. European and Asian match-fixing scandals in soccer, cricket and tennis have rocked the sports world recently. The 1919 Black Sox World Series scandal and the 1970's Boston College point shaving incidents have...

Custody is the most expensive method of punishment in the western world, as compared to other alternatives. Although expensive, prison is an indispensible instrument to deal with judgment proof or dangerous offenders. Hence, by using the law and economics approach, this paper explores prison...