Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization...

This is a survey of the field of economic analysis of law, focusing on the work of economists. The survey covers the three central areas of civil law - liability for accidents (tort law), property law, and contracts - as well as the litigation process and public enforcement of law

Monopsony is the buyer-side counterpart to monopoly, a situation in which a single purchaser or payer dominates a market for goods or services. When a government entity is the dominant or sole payer for a service, a governmental monopsony results; one example is the provision of indigent defense...

Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....

In today's regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that...

“Not guilty” — these two simple words elicit intense relief from any defendant at the conclusion of a criminal trial. As one harrowing ordeal ends, however, a new one inevitably takes shape: picking up the pieces of a life shattered physically, emotionally, and, for non-indigent...

We use a laboratory experiment to study the extent to which people tailor levels of punishment to the subjective experience of the person to receive that punishment, for both monetary and non-monetary sanctions. We find that subjects tend to apply higher fines to wealthier individuals....

We use a laboratory experiment to study the extent to which people tailor levels of punishment to the subjective experience of the person to receive that punishment, for both monetary and non-monetary sanctions. We find that subjects tend to apply higher fines to wealthier individuals....

This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...

When should laws be enforced by private actors and when should society rely on law enforcement by public authorities? This question has been analyzed in great detail in law & economics scholarship. This article surveys the literature and outlines a framework of criteria for deciding whether...