When we as a society decide that a particular conduct is problematic, we are faced with a choice of how to prevent and punish such conduct. Generally speaking, the more problematic the conduct, the higher the sanction imposed as punishment and the more likely that a putative perpetrator will think twice before engaging in the frowned-upon conduct. It is thus unsurprising that we impose long jail terms for murder while limiting ourselves to moderate fines for speeding and jaywalking. It is equally not surprising, then, that we (thankfully) have more instances of speeding than of murder.
November 2015, Vol. 67, No. 6
Liesa L. Richter, Posnerian Hearsay: Slaying the Discretion Dragon
Sapna Kumar, Regulating Digital Trade
W. Keith Robinson, Economic Theory, Divided Infringement, and Enforcing Interactive Patents
Sandra F. Sperino, Retaliation and the Reasonable Person