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In this paper, I consider how tort law and criminal law - conceived as interlocking and overlapping systems for protecting and upholding the legal rights people have against other people - should operate in a society where there are not enough public funds available to run those systems properly...
Persistent link: https://www.econbiz.de/10014138038
Gray v Motor Accidents Commission (1998) 196 CLR 1 resolved that the most appropriate arena for the punishment of individual wrongdoing resides within the Australian criminal law. The consequence of this decision is that wrongful acts may no longer give rise to exemplary damages in tort where a...
Persistent link: https://www.econbiz.de/10013160434
the participatory liability of organizations for the commission of criminal offences. The main purpose of the Criminal … amendments as they relate to economic offences and the participatory liability of organizations, the determination of the …
Persistent link: https://www.econbiz.de/10013046978
commission of corporate crime—they allow offenders to square their self-perception as “good people” with the illegal behavior … of white collar and corporate crime. The result is that many compliance programs, by mimicking the criminal law in hopes …
Persistent link: https://www.econbiz.de/10012969723
Sex offenders have become the targets of some of the most far-reaching and novel crime legislation in the U.S. Two key … simple model of criminal behavior, this decrease in crime is concentrated among ldquo;localrdquo; victims (e.g., friends …, acquaintances, neighbors) with no evidence of less crime occurring against strangers. We also find evidence that notification has …
Persistent link: https://www.econbiz.de/10012707688
This article develops a model of time-inconsistent criminal misconduct. It shows that people who from a long-term perspective want to be law-abiding may nonetheless engage in repeated misconduct due to the pull of their short-term preferences for immediate gratification. I demonstrate that the...
Persistent link: https://www.econbiz.de/10014058905
The criminal legal system is at a crossroads. Calls for abolition are met with calls for modest adjustments or maintenance of the status quo. What frequently emerges from these polarities is a promise that police, prosecutors, judges, and other government actors will use their vast discretion to...
Persistent link: https://www.econbiz.de/10014346273
In the law school classroom, the Socratic method of legal analysis removes a dispute at issue in a given case from its sociocultural context and takes the cultural backgrounds of the parties into account only when they serve the legal argument. The language of the law commands law students to...
Persistent link: https://www.econbiz.de/10012755481
Using data on 100 years of 19th century criminal trials at London's Old Bailey, this paper offers clear evidence of disparate treatment of Irish-named defendants and victims by English juries. We measure surname Irishness and Englishness using place of birth in the 1881 census. Irish-named...
Persistent link: https://www.econbiz.de/10014250081
Using data on 100 years of 19th century criminal trials at London's Old Bailey, this paper offers clear evidence of disparate treatment of Irish-named defendants and victims by English juries. We measure surname Irishness and Englishness using place of birth in the 1881 census. Irish-named...
Persistent link: https://www.econbiz.de/10014252023