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Statutory and Common Law Enforcement of Foreign Insolvency Judgments

Ho, Look Chan - 2011

This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...

Persistent link: https://www.econbiz.de/10013124820

Optimal Preventive Law Enforcement and Stopping Standards

Mungan, Murat C. - 2018

Preventive law enforcement increases social welfare by hindering the infliction of criminal harm, but produces inconvenience costs to the general public, because it requires interfering with the acts of innocents as well as attempters. This article shows that the optimal amount of investment in...

Persistent link: https://www.econbiz.de/10012937829

Optimal Enforcement of Safety Law

van den Bergh, Roger; Visscher, Louis T. - 2010

Given the threats of our current 'risk society', there is an ever-increasing demand for safety regulation to counter the harmful effects of an equally growing number of dangerous activities. Claims for more safety and security abound, ranging from concerns about people killed in traffic...

Persistent link: https://www.econbiz.de/10014219206

On the Optimal Burden of Proof

Kaplow, Louis - 2015

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...

Persistent link: https://www.econbiz.de/10014174145

Corruption and Optimal Law Enforcement

Polinsky, A. Mitchell; Shavell, Steven - 2000

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....

Persistent link: https://www.econbiz.de/10014175337

On Law Enforcement with Boundedly Rational Actors

Jolls, Christine - 2005

This essay, prepared for The Law and Economics of Irrational Behavior (Francesco Parisi and Vernon Smith, eds., 2004), examines implications of bounded rationality for traditional economic analysis of public law enforcement. A brief application to the enforcement of employment discrimination...

Persistent link: https://www.econbiz.de/10014068112

The Theory of Penalties and the Economics of Criminal Law

Hylton, Keith N. - 2005

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...

Persistent link: https://www.econbiz.de/10014106678

Economic Analysis of Public Law Enforcement and Criminal Law

Shavell, Steven - 2003

enforcement are discussed in the chapters that follow. In chapter 20, the basic theory of public enforcement employing monetary … sanctions is discussed; in chapter 21, the basic theory of enforcement using nonmonetary sanctions is examined; and in chapter … 22, extensions to the basic theory are considered. Then, in chapter 23, functions of sanctions apart from deterrence …

Persistent link: https://www.econbiz.de/10014088892

Chapter 6 The Theory of Public Enforcement of Law

Polinsky, A. Mitchell; Shavell, Steven - In: Handbook of law and economics : volume 1, (pp. 403-454). 2007

This chapter surveys the theory of the public enforcement of law—the use of governmental agents (regulators, inspectors … apprehending violators? A variety of extensions of the central theory are then examined, including: activity level; errors; the …

Persistent link: https://www.econbiz.de/10014023510

Optimal Case Selection by Law Enforcement Agencies

Aviram, Amitai - 2013

This article has been significantly revised. Please refer to the revised version, titled “Allocating Regulatory Resources”, which is available on SSRN at: 'http://ssrn.com/abstract=2304434' http://ssrn.com/abstract=2304434.This article incorporates the concept of legal placebo effects into...

Persistent link: https://www.econbiz.de/10013092257

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