“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. Despite Americans’ reverence for their “day in court,” their zest for contractual freedom and efficiency has prevailed to result in U.S....

This article examines how the ‘essentiality’ requirement can limit the exercise of the EU’s criminal law competence under Article 83(2) TFEU. Building on criminological research, and contextual and principled considerations, it argues for an evidence-based approach to the...

The article explores the key factors that make the securities criminal law of the United States (US), as one of the integral building blocks of the capital markets and securities regulatory system, efficient. This includes the role and characteristics of sectoral (blanket) all-embracing...

Weak states enable private enforcement but it does not always fade away in the presence of strong states. We develop a general equilibrium model of the market organization of enforcers (self-enforcers, competitive specialized enforcers or monopoly) who defend endowments from predators. We...

Consumers suffer from high drug prices, which stem in large part from pharmaceutical companies’ anticompetitive games. This essay discusses the crucial role antitrust enforcement agencies can play in addressing pay-for-delay settlements and product hopping and draws lessons from this...

This article surveys the theory of the public enforcement of law -- the use of public agents (inspectors, tax auditors, police, prosecutors) to detect and to sanction violators of legal rules. We first present the basic elements of the theory, focusing on the probability of imposition of...

In recent years, critical attacks on higher education have focused upon tenure of faculty members and have mounted in both volume and intensity. As a result, there has been an agonizing reappraisal of the whole subject of academic tenure. The concept of tenure in the teaching profession, though...

Not long ago, the antitrust world marked both the centennial of the Sherman Act's passage and of state antitrust enforcement. The transition from the first century of antitrust law to the second provides an appropriate occasion for reflection and is one of two events prompting this Article. The...

The Posse Comitatus Act (PCA) prohibits the military from executing the civil law domestically, thereby upholding a fundamental tenet of American society - that civil authorities, not the military, should enforce the civil law. Numerous exceptions to the PCA attempt to balance this tenet with a...