Book Description
This digital document is an article from Yale Law Journal, published by Yale University, School of Law on April 1, 2003. The length of the article is 51336 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.From the author: In particular, law enforcement strives to prevent conspiracies from forming by imposing high up-front penalties for joiners but uses mechanisms to harvest information from those who have joined and decide to cooperate with the government. Traditional conspiracy doctrines such as Pinkerton liability and the exclusion from merger not only further cooperation agreements, they also make conspiracies more difficult to create and maintain by forcing them to adopt bundles of inefficient practices. The possibility of defection forces the syndicate to use expensive monitoring of its employees for evidence of possible collusion with the government. Mechanisms for defection also break down trust within the group and prime members to think that others are acting out of self-interest. This Article concludes by offering a variety of refinements to conspiracy law that will help destabilize trust within the conspiracy, cue the defection of conspirators, and permit law enforcement to extract more information from them.Citation Details
Title: Conspiracy theory.
Author: Neal Kumar Katyal
Publication: Yale Law Journal (Refereed)
Date: April 1, 2003
Publisher: Yale University, School of Law
Volume: 112 Issue: 6 Page: 1307(93)Distributed by Thompson Gale
Excerpt. © Reprinted by permission. All rights reserved.
CONTENTS
I. TWO VIEWS OF CONSPIRACY
A. The Dangers to Society from Group Behavior
1. Psychological Analysis of Social Identity
a. Polarization and Risk-Taking
b. Acting Against Self-Interest
c. Dissuasion
d. Success in Tasks
2. Economic Analysis of Specialization of Labor and
Economies of Scale
B. The Benefits to Society from Group Behavior
1. Information Extraction
2. Physical Evidence and Perpetration Cost
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