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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

Are academic independent directors punished more severely when they engage in violations?

Quan, Yi; Li, Sihai - In: China journal of accounting research : CJAR 10 (2017) 1, pp. 71-86

effect of academic independent directors who have received supervisory punishment. We find that when companies violate … after the punishment is announced. The punishment of academic independent directors influences the employment of other …

Persistent link: https://www.econbiz.de/10011844723

Uses and Abuses of Empirical Evidence in the Death Penalty Debate

Donohue, John J. - 2011

purport to show robust and precise estimates of a substantial deterrent effect of capital punishment. We assess the various …

Persistent link: https://www.econbiz.de/10012757142

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

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

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

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

Before the High Court : Commonwealth v Director, Fair Work Building Industry Inspectorate: The End of Penalty Agreements in Civil Pecuniary Penalty Schemes?

Ananian-Welsh, Rebecca - 2018

In the upcoming case of Commonwealth v Director, Fair Work Building Industry Inspectorate, the High Court will determine whether submissions as to agreed penalty should be permitted in the context of civil pecuniary penalty proceedings. In this column, we identify three questions that the High...

Persistent link: https://www.econbiz.de/10012936279

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

Penalty Default Licenses : A Case for Uncertainty

García, Kristelia - 2014

Research on the statutory license for certain types of copyright-protected content has revealed an unlikely symbiosis between uncertainty and efficiency. Contrary to received wisdom, which tells us that in order to increase efficiency, we must increase stability, this Article will show that...

Persistent link: https://www.econbiz.de/10014154519