American Law and Economics Review最新文献

On Economic Theories of Criminal Punishment: Pricing, Prevention, or Proportionality? 刑事处罚的经济学理论:定价、预防还是比例?

IF 1.5 3区社会学

American Law and Economics Review Pub Date : 2023-07-20 DOI: 10.1093/aler/ahad003

Thomas J. Miceli

{"title":"On Economic Theories of Criminal Punishment: Pricing, Prevention, or Proportionality?","authors":"Thomas J. Miceli","doi":"10.1093/aler/ahad003","DOIUrl":"https://doi.org/10.1093/aler/ahad003","url":null,"abstract":"\u0000 This article examines competing economic theories of crime and punishment within a common analytical framework. The theories—due to Becker (1968. “Crime and Punishment: An Economic Approach,” 76 Journal of Political Economy 169–217), Posner (1985. “An Economic Theory of the Criminal Law” 85 Columbia Law Review 1193–231), and Adelstein (1981. “Institutional Structure and Evolution in the Criminal Process,” 76 Northwestern University Law Review 1–99)—share the view of crime as exchange, but differ in the interpretation of punishment; specifically, is it aimed at pricing crime, preventing crime, or achieving corrective justice? The hybrid model used to address this question, originally developed by Hylton (2005. “The Theory of Penalties and the Economics of Criminal Law,” 1 Review of Law and Economics 175–201), explicitly incorporates market exchange as an alternative to criminal exchange. The results show that the optimal enforcement policy generally involves maximal punishment (however that is defined), but the optimal probability of apprehension can be high or low, depending on the parameters of the model. In the latter case, crime may completely crowd out the market. (JEL K14, K42)","PeriodicalId":46133,"journal":{"name":"American Law and Economics Review","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42126871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Quasi-Experimental Evidence on the Impact of State Recycling and Deposit Laws: Household Recycling Following Interstate Moves 州回收和存款法影响的准实验证据:州际迁移后的家庭回收

IF 1.5 3区社会学

American Law and Economics Review Pub Date : 2023-04-10 DOI: 10.1093/aler/ahac006

W. Viscusi, Joel Huber, Jason Bell

引用次数: 0

OUP accepted manuscript OUP接受稿件

IF 1.5 3区社会学

American Law and Economics Review Pub Date : 2022-01-01 DOI: 10.1093/aler/ahac003

引用次数: 0

OUP accepted manuscript OUP接受稿件

IF 1.5 3区社会学

American Law and Economics Review Pub Date : 2022-01-01 DOI: 10.1093/aler/ahac001

引用次数: 0

OUP accepted manuscript OUP接受稿件

IF 1.5 3区社会学

American Law and Economics Review Pub Date : 2022-01-01 DOI: 10.1093/aler/ahac004

引用次数: 0

OUP accepted manuscript OUP接受稿件

IF 1.5 3区社会学

American Law and Economics Review Pub Date : 2022-01-01 DOI: 10.1093/aler/ahac002

引用次数: 0

Mandatory Retirement and Age, Race, and Gender Diversity of University Faculties 大学教师的强制退休与年龄、种族和性别多样性

IF 1.5 3区社会学

American Law and Economics Review Pub Date : 2021-05-06 DOI: 10.1093/ALER/AHAB002

Daniel E. Ho, Oluchi Mbonu, A. McDonough

{"title":"Mandatory Retirement and Age, Race, and Gender Diversity of University Faculties","authors":"Daniel E. Ho, Oluchi Mbonu, A. McDonough","doi":"10.1093/ALER/AHAB002","DOIUrl":"https://doi.org/10.1093/ALER/AHAB002","url":null,"abstract":"While many have documented the changing demographics of universities, understanding the effects of prohibiting mandatory retirement (“uncapping”) has proved challenging. We digitize detailed directories of all American law school faculty from 1971–2017 and show that uncapping in 1994 had dramatic effects. From 1971 to 1993, the percent of faculty above 70—when mandatory retirement would typically have been triggered—remained stable at 1%, but starting in 1994, that proportion increased to 14%. We use a permutation test of moving cohorts to show that these increases are attributable to uncapping. Roughly 39% of faculty members would counterfactually have been subject to mandatory retirement. Effects were less pronounced at public schools, which were more likely to have defined benefits retirement plans. Second, we show that schools with the highest proportion of faculty over 70, and thus most impacted by uncapping, also exhibit the slowest integration of female and minority faculty members. Our study highlights crosscutting effects of civil rights laws: preventing age discrimination can have collateral effects on racial and gender integration.","PeriodicalId":46133,"journal":{"name":"American Law and Economics Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ALER/AHAB002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48597561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Litigation Spending and Care under the English and American Rules: Experimental Evidence 英美规则下的诉讼支出与诉讼照顾:实验证据

IF 1.5 3区社会学

American Law and Economics Review Pub Date : 2021-03-26 DOI: 10.1093/ALER/AHAB005

Baptiste Massenot, M. Maraki, C. Thöni

引用次数: 4

The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting 费用转移对诉讼的影响——来自中间成本转移政策创新的证据

IF 1.5 3区社会学

American Law and Economics Review Pub Date : 2021-01-25 DOI: 10.1093/ALER/AHAB001

C. Helmers, Yassine Lefouili, B. Love, Luke McDonagh

{"title":"The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting","authors":"C. Helmers, Yassine Lefouili, B. Love, Luke McDonagh","doi":"10.1093/ALER/AHAB001","DOIUrl":"https://doi.org/10.1093/ALER/AHAB001","url":null,"abstract":"\u0000 We study the effect of fee shifting rules on litigation. First, we build a model to study the theoretical effect of a change in cost-recovery rules on case filings, (postfiling) settlement, win rates, and plaintiffs’ average litigation expenditures. We then undertake an empirical analysis of the introduction of an intermediate cost shifting rule that falls between the English and American Rules: a reform that limits the size of fee awards to successful litigants in cases decided by the Intellectual Property Enterprise Court (IPEC), one of two venues where IP cases may be filed in England and Wales. Our empirical analysis takes advantage of heterogeneity among case types and compares IPEC cases with intellectual property cases litigated at the PHC of England and Wales, which was not subject to this reform. We find that patent case filings increased following the IPEC’s shift from a pure English Rule to a rule that caps costs awards. Consistent with our model’s predictions, we also find evidence that smaller plaintiffs both won less often and settled more often postreform, as well as evidence that larger plaintiffs spent less on litigation postreform.","PeriodicalId":46133,"journal":{"name":"American Law and Economics Review","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2021-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ALER/AHAB001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41518372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

OUP accepted manuscript OUP接受稿件

IF 1.5 3区社会学

American Law and Economics Review Pub Date : 2021-01-01 DOI: 10.1093/aler/ahab014

引用次数: 2