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...

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...

Why are the civil remedies at common law which delivery up specific moveable property to another with greater right to possess so narrow in English law? Historically the equitable remedy of specific restoration returned property more easily than even the rule today; the common law remedy remains...

The literature contains ambiguous findings as to whether statistical discrimination, e.g. in the form of racial profiling, causes a reduction in deterrence. These analyses, however, assume that enforcers' incentives are exogenously fixed. This article demonstrates that when the costs and...

This article addresses the means of punishing conduct that causes serious environmental harm like the Exxon Valdez oil spill. In particular, it considers the appropriateness and effectiveness of both punitive damages and criminal sanctions as remedies in such cases in light of the U.S. Supreme...