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Law is the way civilized societies provide for the conduct of citizens to enhance harmony and optimize achievement of personal liberties. Our laws are an attempt to deal with many of the most horrible ways humans treat each other. Laws are also divided into many sub-specialties, each requiring...
Persistent link: https://www.econbiz.de/10014344070
This paper argues that contracts induced by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It...
Persistent link: https://www.econbiz.de/10009425285
This paper argues that contracts induced by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It...
Persistent link: https://www.econbiz.de/10009746174
Contracts involving promises to commit criminal acts are ordinarily unenforceable. Yet nonenforcement does not fully deter incentives to form criminal agreements. This Article demonstrates that partial enforcement can generate greater deterrence incentives by disrupting the trust relationship...
Persistent link: https://www.econbiz.de/10014242666
Spanish abstract: El presente trabajo posee dos objetivos complementarios: Por un lado (i) basados en una lectura de la doctrina jurídica civilista en general, se evidencia la existencia de un criterio normativo al que debiera responder las reglas predeterminadas (reglas supletivas) en el...
Persistent link: https://www.econbiz.de/10013000332
acknowledged and accommodated. And any modern theory of equity must be composite rather than simple or unitary. Also important to …
Persistent link: https://www.econbiz.de/10012910728
Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim's loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tool to the...
Persistent link: https://www.econbiz.de/10012935655
rules (a normative theory for dynamically efficient courts.) We explicitly take into account that: 1) the optimal rules most …
Persistent link: https://www.econbiz.de/10014055935
identical obligations for both parties. However, this approach is misguided. Relying on game theory, this Article demonstrates …
Persistent link: https://www.econbiz.de/10013296323
Technological advances in data collection and information processing makes it possible to tailor legal norms to specific individuals and achieve an unprecedented degree of regulatory precision. However, the benefits of such a “personalized law” must not be confounded with the false promise...
Persistent link: https://www.econbiz.de/10012846029