On November 14, 2013, Professor Dervan was called to testify before the United States House of Representatives' Committee on the Judiciary Over-Criminalization Task Force. Available here is his written testimony. In his written testimony, Professor Dervan examines the phenomenon of...

The 'nanny state' has expanded in recent years. Politicians and bureaucrats have increasingly sought to restrict what individuals are permitted to do with their own bodies on their own property. Prohibitions is a corrective to the prevailing support for such authoritarianism. This collection...

In this article, I will examine the doctrine of ignorantia legis, or presumed knowledge of the law, as it functions in the current milieu of American criminal justice, the age of the regulatory crime. Much ink has been spilled over this doctrine, and many pieces argue against ignorantia legis,...

With its tremendous popularity among Millennials and Generation Z, esports represents one of the fastest growing segments of the U.S. sports and entertainment market. It is the source of massive amounts of venture capital inflow, unprecedented marketing and media dollars, and altogether new...

The post-9/11 intensified attention to the financing of terrorism has often focused on the interaction with the activities of charities. Their vulnerabilities have been most underlined by the Financial Action Task Force. The resultant qualitative prominence given to anti-terrorism financing...

Mandatory restrictions in employment law, designed to promote the welfare of workers, are debated fiercely. Proponents argue that they protect workers. Opponents believe that they spawn inefficiency and harm workers. Yet all agree that their welfare implications depend on their degree of...

This study investigates the efficiency of the suspicious transaction reporting (STR) activity to a Financial Intelligence Unit (FIU) as a means to deter money laundering (ML). Baseline and two-province theoretical models are used to frame the empirical analysis. The latter examines the...

It was Robert Nozick who, distinguishing the classical Liberal ‘night-watchman state' which protected citizens against violence and enforced contracts on their behalf, conjured instead the ‘ultraminimal state' in which the task of the state is confined to the monopolisation of violence...

This Essay proposes a conceptual framework for the regulation of transactions involving cryptocurrencies. Cryptocurrencies offer tremendous opportunities for innovation and development but are also uniquely suited to facilitate illicit behavior. The regulatory framework suggested herein is...

“Control fraud” is the leading cause of bank failures and financial crises. In “control fraud” the persons controlling a seemingly legitimate entity use it as a weapon to defraud. This essay analyzes the role of regulators in two epidemics of control fraud: the savings & loan debacle of...