A major concern with plea bargains is that innocent defendants will be induced to plead guilty. This paper argues that the law can address this concern by providing prosecutors with incentives to select cases in which the probability of guilt is high. By restricting the permissible sentence...

The relevant economic and legal research relating to police use of stop-and-frisk has largely been distinct. There is much to be gained by taking an interdisciplinary approach. This Essay emphasizes some of the challenges faced by those seeking to evaluate the efficacy and legality of...

We analyze optimal sentence length for recurring crimes in the face of adjudication errors. We develop an infinite-horizon model where offenders are habitual---they repeat crimes whenever free. If apprehended, criminals may be wrongfully acquitted. Similarly, innocent persons may be apprehended...

The article engages in an ideology critique of international criminal law texts and discourse, drawing on a theoretical framework developed by critical legal studies scholars in order to interrogate, in a different jurisprudential context, the assumptions undergirding contemporary international...

We consider a government’s interrelated decisions of enacting laws prohibiting harmful behavior and choosing how aggressively to enforce those laws. There are three broad policies available to the government in this regard: not prohibiting the act at all, enacting a law and enforcing it, and...

The hallmark of Judge Posner's class action decisions is rigorous review to ensure that aggregate litigation serves the best interests of class members and does not unduly pressure defendants to settle. Although he championed class actions, especially as a way to provide efficient justice in...