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Should law keep pace with society? : relative update rates determine the co-evolution of institutional punishment and citizen contributions to public goods
Roithmayr, Daria; Isakov, Alexander; Rand, David - In: Games 6 (2015) 2, pp. 124-149
punishment, a defining feature of large-scale human societies. Compared to individually-administered punishment, institutional … punishment offers a unique potential advantage: the ability to control how quickly legal rules of punishment evolve relative to … social behavior that legal punishment regulates. However, at what rate should legal rules evolve relative to society to …
Persistent link: https://www.econbiz.de/10011316651
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'Fine Distinctions' in the Contemporary Law of Insider Trading
Langevoort, Donald C. - 2013
William Cary's opinion for the SEC in In re Cady, Roberts & Co. built the foundation on which the modern law of insider trading rests. This paper — a contribution to Columbia Law School's recent celebration of Cary's Cady Roberts opinion, explores some of these — particularly the emergence...
Persistent link: https://www.econbiz.de/10013082821
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Compensation and Punishment in Tort Law
Quarta, Francesco - 2013
Persistent link: https://www.econbiz.de/10013074576
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The EU Fining Policy : A Law & Economics Analysis
Giannaccari, Andrea - 2018
of sanctions to properly achieve the objectives of punishment and deterrence are presented, pointing out the main …
Persistent link: https://www.econbiz.de/10012909563
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Positive Sanctions versus Imprisonment
Mungan, Murat C. - 2019
This article considers the possibility of simultaneously reducing crime, prison sentences, and the tax burden of financing the criminal justice system by introducing positive sanctions, which are benefits conferred to non-convicts. Specifically, it proposes a procedure wherein a part of the...
Persistent link: https://www.econbiz.de/10012894718
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Effective Public Enforcement of Cartels : Rates of Challenged and Annulled Cartel Fines in Ten European Member States
Outhuijse, Annalies - 2019
A substantial number of cartels in the European Union are detected and enforced by the national competition authorities (NCAs). The effectiveness of domestic enforcement has been subject to extensive review and debates, which have recently culminated and resulted in the proposal for the ECN+...
Persistent link: https://www.econbiz.de/10012868781
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The Effect of Type-1 Error on Deterrence
Lando, Henrik - 2020
A common view in the law and economics literature holds that equal increases in type-1 and type-2 error lower deterrence by the same amount. We demonstrate that this view is generally incorrect both when the court's error concerns the assessment of the alleged offender's act (mistake of act) and...
Persistent link: https://www.econbiz.de/10012856680
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Occupational Health and Safety Issues and the Boardroom : Criminal Penalties for Directors for Company's Lack of Safety
Harpur, Paul - 2015
The board of directors provides overall strategic direction for the company. Generally directors are not required to become involved in the day-to-day management of corporations. With the recent amendments to occupational health and safety (“OHS”) laws, directors' duties have been expanded....
Persistent link: https://www.econbiz.de/10013020417
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Deterrence and Antitrust Punishment : Firms versus Agents
Hylton, Keith N. - 2014
penalties, to engage in some illegal act that may result in relatively modest punishment for its agents, it can almost always …
Persistent link: https://www.econbiz.de/10013043100
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Manifest Injustice? The Judiciary as Moderator of Penal Excess in the Sentencing of Youth for Murder
Lynch, Nessa - 2018
This paper considers the principled approach to the sentencing of young people, requiring the recognition of the lesser capacity and culpability of the offender due to their personal characteristics. The author uses New Zealand as a case study to discuss whether, and how, judges would exercise...
Persistent link: https://www.econbiz.de/10012931984