The Scope of Criminal Law and Criminal Sanctions: An Economic View and Policy Implications

This paper considers why some harm-generating activities are controlled by criminal law and criminal sanctions while others are subject to some other mechanism such as civil law, administrative law, regulation or the tax system. It looks at the question from the perspective of the law and economics approach. We seek to identify the comparative benefits of using the criminal law relative to other enforcement mechanisms and – more broadly – why certain specific behaviours are criminalized. The paper argues that an economic approach emphasizing the relative merits of alternative legal instruments for bringing about harm reduction can provide an explanation for a number of recent legal developments. It argues also that the willingness of legislators to combine the use of sanctions traditionally used in one area of the law with sanctions from other areas is more readily explicable in economic terms than in other terms.     

A Space Partnership?

正Current u.s.laws that forbid partnering with China on galacticexploration seem outdatedAstronauts from China and the United States met in Beijing from September 10to 15 to discuss international planetary friendship and cooperation along with space travelers from 16 other countries.Among the     

Retroactive liability and the insurability of long-tail risks

This article focuses on a specific aspect of liability insurance that arises out of the latent nature of certain insured events. In particular, it is concerned with the fact that in the interval between the original tort and the claim for damages the standard of care applied by the courts may change. This is the problem of retroactive liability. The article begins by briefly reviewing the legal background to the retrospective application of liability rules. Then it formally addresses the question of how retroactive liability can be reconciled with the goals of tort law and whether retroactive liability is insurable.     

An analysis of the effectiveness of the EU data breach notification obligation

In this paper we study the law and economics of the EU data breach notification obligation (EU DBNO), which is part of the general data protection regulation. We start our discussion with the origins and aims of the EU DBNO. Following this, we study the social benefits of the DBNO and the conditions for these social benefits to emerge. Next, we analyse whether there would be spontaneous notification without the existence of a DBNO. We discuss how the national DPAs, that are responsible for the execution of the EU DBNO, can sufficiently induce data controllers to comply with the regulation. We also discuss the scope of the regulation from a social welfare perspective, in particular the conditions, which trigger a notification from data controllers.     

Showcasing the Chinese Dream

<正>A new window into China opens at the Book Expo America with the launch of English editions of the year’s most popular books China has accomplished an economic and developmental miracle over a few short decades—growth that has taken other nations centuries to achieve—yet many still wonder what the future holds for the 1.3 billion citizens of the world’s most populous country and its political leadership.To that end,a historic