This paper contains the chapters on public enforcement of law and on criminal law from a general, forthcoming book, Foundations of Economic Analysis of Law (Harvard University Press, 2003). By public law enforcement is meant the use of public law enforcement agents -such as police, tax inspectors, regulatory personnel -to enforce legal rules. A number of important dimensions of public law enfor...

ELIZABETH BONOMO Sanctionable Behavior in a Felony Level Drug Court: Categorizing Noncompliant Behavior Through a Criminal-Thinking Lens (Under the direction of DR. WENDY GUASTAFERRO) Drug courts use sanctions as a form of behavior management and modification, and they are an important structural tool in the treatment of drug ...

OBJECTIVE To provide a "big picture" overview of the characteristics and outcomes of recent criminal and administrative cases in which physicians have been criminally prosecuted or charged by medical boards with offenses related to inappropriate prescribing of opioid analgesics. DESIGN We identified as many criminal and administrative cases of these types as possible that occurred between 199...

This final rule implements section 14 of Public Law 100-93, the Medicare and Medicaid Patient and Program Protection Act of 1987, by specifying various payment practices which, although potentially capable of inducing referrals of business under Medicare or a State health care program, will be protected from criminal prosecution or civil sanctions under the anti-kickback provisions of the statute.

Corporate criminal liability puts a serious challenge to the economic theory of enforcement. Are corporate crimes different from other crimes? Are these crimes best deterred by punishing individuals, punishing corporations, or both? What is optimal structure of sanctions? Should corporate liability be criminal or civil? This paper has two major contributions to the literature. First, it provide...

With little fanfare, marijuana became a prohibited substance in 1923. Even though it had been used for sacramental, medicinal and recreational purposes for 10,000 years, when Parliament decided to criminalize marijuana use in 1923, few members of Parliament had even heard of this drug. In fact, in 1923, few Canadians were using it, and until the explosion of the counterculture in the 1960’s, th...

On the heels of extensive public and political debate, controversy and criticism, Bill C-56, An Act respecting assisted human reproduction, was introduced in the House of Commons on May 9, 2002. Through this bill, Parliament has proposed to regulate practices associated with reproductive technologies by relying on its criminal law jurisdiction. Certain scientific activities are altogether prohi...

SECTION 1001 of the Criminal Code provides criminal sanctions against persons who deal fraudulently with government agencies.1 Although the origin of the statute dates from 1863,2 only recently have Government attorneys made frequent use of its provisions. In United States v. Diogo, the Court of Appeals for the Second Circuit supplemented the increasing body of judicial interpretation of sectio...

Nationally, there have been increased calls for evidence-based criminal justice policy. Despite considerable progress toward that objective, there still is no systematic, comparative foundation for assessing the relative effectiveness of diverse sanctions in achieving any of a range of goals. In this article, the importance of evidence-based policy and the critical research gaps that must be fi...