Liars and Outliers (47 page)

Hatfields versus the McCoys
Otis K. Rice (1982),
The Hatfields and McCoys,
University of Kentucky Press.

reputation can solve
Brian Skyrms (1996),
The Evolution of the Social Contract,
Cambridge University Press, 56–8.

John Wayne Gacy
Clifford L. Linedecker (1980),
The Man Who Killed Boys: A True Story of Mass Murder in a Chicago Suburb
, St. Martin's Press.

Dr. Harold Shipman
Sarah Ramsay (2001), “Audit Further Exposes UK's Worst Serial Killer,”
Lancet,
357:123–4.

settling disputes
Robert C. Ellickson (1991),
Order without Law: How Neighbors Settle Disputes,
Harvard University Press.

Dunbar wrote
Robin I.M. Dunbar (Nov 1992), “Why Gossip Is Good For You,”
New Scientist,
28–31.

Hardin: “Perhaps
Garrett Hardin (1994), “The Tragedy of the Unmanaged Commons,”
Trends in Ecology & Evolution
, 9:199.

Chapter 9

continuous operation clause
Marc C. Singer (2005), “'Going Dark' Provisions: Making Clients See the Light,”
New Jersey Law Journal,
179:1–3.

solitary, poor, nasty
Thomas Hobbes (1651),
Leviathan,
Printed for Andrew Crooke, at the Green Dragon in St. Paul's Churchyard.

Martin Luther said
Martin Luther (1524),
Von Kaufshandlung und Wucher
.

Immanuel Kant
Immanual Kant (1795),
First Supplement on the Guarantee for Perpetual Peace
.

John Locke
John Locke (1689),
Second Treatise of Government
.

Jean-Jacques Rousseau
Jean-Jacques Rousseau (1762),
Du Contrat Social
(
The Social Contract
).

John Rawls
John Rawls (1971),
A Theory of Justice,
Belknap Press of Harvard University Press.

In Plato's Republic
Plato (c. 427–347 BC),
The Republic.

Niccolò Machiavelli
Niccolò Machiavelli (1517),
Discourses Upon the First Ten Books of Titus Livy
.

Garrett Hardin
Garrett Hardin (1994). “The Tragedy of the Unmanaged Commons,”
Trends in Ecology & Evolution
, 9:199.

voting is required
Elliot Frankal (4 Jul 2005), “Compulsory Voting Around the World,”
The Guardian.

marriage rites were informal
Stephanie Coontz (2005),
Marriage, a History: From Obedience to Intimacy, or How Love Conquered Marriage
, Viking.

accomplices at worst
Marla Dickerson and Cecilia Sanchez (5 Aug 2008), “Mexican Police Linked to Rising Kidnappings,”
Los Angeles Times
.

occasionally jails
British Broadcasting Corporation (20 June 2011), “Somalia: Six Jailed for ‘Pirate Ransom' Case,”
BBC News.

offering a bribe
Kaushik Basu (2011), “Why, for a Class of Bribes, the Act of
Giving
a Bribe Should Be Treated as Legal,” Working Paper 1-2011-DEA, Ministry of Finance, Government of India.

easy to make exceptions
Ed Moloney (2002),
A Secret History of the IRA,
Viking Penguin.

Alexander Hamilton
Alexander Hamilton (1787), “The Federalist #15,” in Alexander Hamilton, John Jay and James Madison; John C. Hamilton, ed. (1866),
The Federalist: A Commentary On the Constitution of the United States,
Lippincott, 143.

immoral, ineffective
Toni M. Massaro (1991), “Shame, Culture, and American Criminal Law,”
Michigan Law Review,
89:1880–1944. James Q. Whitman (1998), “What Is Wrong with Inflicting Shame Sanctions?”
The Yale Law Journal,
107:1055–92. Brian Netter (2005), “Avoiding the Shameful Backlash: Social Repercussions for the Increased Use of Alternative Sanctions,”
The Journal of Criminal Law
&
Criminology,
96:187–216. Dan M. Kahan (2006), “What's Really Wrong with Shaming Sanctions,”
Texas Law Review,
84:2075–95.

fines reduce speeding
Robert Beattie Crawford (1989), “Toward a Theory on Speeding and Penalties: Have the Increased Fines Reduced Speeding in Massachusetts?” Master's thesis, Massachusetts Institute of Technology. D.C. Webster and P.A. Wells (2000), “The Characteristics of Speeders,” Road Safety Division, Department of the Environment, Transport and the Regions, TRL Report. Saranath Lawpoolsri, Jingyi Li, and Elisa R. Braver (2007), “Do Speeding Tickets Reduce the Likelihood of Receiving Subsequent Speeding Tickets? A Longitudinal Study of Speeding Violators in Maryland,”
Traffic Injury Prevention,
8:26–34.

uninsured drivers
Ray Massey (23 Nov 2010), “Uninsured Drivers Kill 160 People a Year but Face Inadequate Fines as Low as £50,”
Daily Mail.

basing traffic fines
British Broadcasting Corporation (14 Jan 2002), “Nokia Boss Gets Record Speeding Fine,”
BBC News
. British Broadcasting Corporation (10 Feb 2004), “Finn's Speed Fine Is a Bit Rich,”
BBC News.
Jason Paur (8 Jan 2010), “Swiss Slap Speeder With $290K Fine,”
Wired.
British Broadcasting Corporation (12 Aug 2010), “Swede Faces World-Record $1m Speeding Penalty,”
BBC News.

tax the use of antibiotics
Infectious Diseases Society of America (2011), “Combating Antimicrobial Resistance: Policy Recommendations to Save Lives,”
Clinical Infectious Diseases,
52 (suppl. 5): S397–428.

In one experiment
Ann E. Tenbrunsel and David M. Messick (1999), “Sanctioning Systems: Decision Frames and Cooperation,”
Administrative Science Quarterly,
44:684–707.

instituted a fine
Uri Gneezy and Aldo Rustichini (2000), “A Fine is a Price,”
Journal of Legal Studies,
29:1–17.

towns are experimenting
Ben Hamilton-Baillie (2004), “Urban Design: Why Don't We Do It In The Road? Modifying Traffic Behavior Through Legible Urban Design,”
Journal of Urban Technology,
11:43–6. Peter Peters (2005), “Exchanging Travel Speed: Time Politics in Mobility Practices,”
Configurations,
13:395–419,436. Tom Vanderbilt (Summer 2008), “The Traffic Guru,”
The Wilson Quarterly,
26–32.

incident in Switzerland
Bruno S. Fray and Felix Oberhlozer-Gee (1997), “The Cost of Price Incentives: An Empirical Analysis of Motivation Crowding-Out,”
American Economic Review,
87:746–55.

gave different weights
Don A. More, Lloyd Tantu, and Max H. Bazerman (2010), “Conflict of Interest and the Intrusion of Bias,”
Judgment & Decision Making
, 5:37–53.

require advisors
Daylian M. Cain, George Loewenstein, and Don A. More (2005), “The Dirt on Coming Clean: Perverse Effects of Disclosing Conflict of Interest,”
The Journal of Legal Studies
, 34:1–25.

able to self-regulate
Fikret Berkes, David Feeny, Bonnie J. McCay, and James M. Acheson (1989), “The Benefits of the Commons,”
Nature,
340:91–3. David Feeny, Fikret Berkes, Bonnie J. McCay, and James M. Acheson (1990), “The Tragedy of the Commons: Twenty-Two Years Later,”
Human Ecology,
18:1–19. Carl J. Dahlman (1992), “The Tragedy of the Commons that Wasn't: On Technical Solutions to the Institutions Game,”
Population & Environment,
12:285–96. Elinor Ostrom, Joanna Burger, Christopher B. Field, Richard B. Norgaard, and David Policansky (1999), “Revisiting the Commons: Local Lessons, Global Challenges,”
Science,
284:278–82.

outsiders come in
Mansel G. Blackford (2009), “Fishers, Fishing, and Overfishing: American Experiences in Global Perspective, 1976–2006,”
Business History Review,
83:239–66.

The scarlet letter
George Elliott Howard (1904),
A History of Matrimonial Institutions: Chiefly in England and the United States, with an Introductory Analysis of the Literature and the Theories of Primitive Marriage and the Family
, Fred B. Rothman & Co., 169–78.

existential threat
John Mueller and Mark G. Stewart (2 Apr 2010), “Hardly Existential: Thinking Rationally About Terrorism,”
Foreign Affairs.

death penalty reduces
Hashem Dezhbakhsh, Paul H. Rubin, and Joanna M. Shepherd (2003), “Does Capital Punishment Have a Deterrent Effect? New Evidence from Post-moratorium Panel Data,”
American Law & Economics Review,
5:344–76. Paul R. Zimmerman (2004), “State Executions, Deterrence, and the Incidence of Murder,”
Journal of Applied Economics,
7:163–93. Naci Mocan and Kaj Gittings (2010), “The Impact of Incentives on Human Behavior: Can We Make it Disappear? The Case of the Death Penalty,” in Rafael Di Tella, Sebastian Edwards, and Ernesto Schargrodsky, eds.,
The Economics of Crime: Lessons for and from Latin America,
University of Chicago Press. Steven S. Cuellar and Kyle Buehring (2010), “Does Capital Punishment Have a Deterrence Effect on the Murder Rate? Issues and Evidence,” Sonoma State University.

demonstrate it doesn't
Jeffrey Fagan (2005), “Deterrence and the Death Penalty: A Critical Review of New Evidence,” Testimony to the New York State Assembly Standing Committee on Codes, Assembly Standing Committee on Judiciary and Assembly Standing Committee on Correction, Hearings on the Future of Capital Punishment in the State of New York, Jan 21, 2005. John J. Donahue and Justin Wolfers (2005), “Uses and Abuses of Empirical Evidence in the Death Penalty Debate,”
Stanford Law Review,
58:791–845. John J. Donahue and Justin Wolfers (2009), “Estimating the Impact of the Death Penalty on Murder,”
American Law & Economics Review,
11:249–309. Michael Radelet and Traci Lacock (2009), “Do Executions Lower Homicide Rates? The Views of Leading Criminologists,”
The Journal of Criminal Law & Criminology,
99:489–508.

probability of punishment
Gary S. Becker (1968), “Crime and Punishment: An Economic Approach,”
Journal of Political Economy,
76:169–217. Jeffrey Grogger (1991), “Certainty vs. Severity of Punishment,”
Economic Inquiry,
29:297–309. Lixuan Zhang, Wayne W. Smith, and William C. McDowell (2009), “Examining Digital Piracy: Self-Control, Punishment, and Self-Efficacy,”
Information Resources Management Journal,
22:24–44.

societal causes of crime
Peter W. English and Bruce D. Sales (2005),
More Than the Law: Behavioral and Social Facts in Legal Decision Making,
American Psychological Association.

Laws can have loopholes
Saul Levmore (2010), “Ambiguous Statutes,”
The University of Chicago Law Review,
77:1073–89.

Google pays
Jesse Drucker (21 Oct 2010), “Google 2.4% Rate Shows how $60 Billion Lost to Tax Loopholes,” Bloomberg.

large paper mills
Steven Mufson (28 Mar 2009), “Papermakers Dig Deep in Highway Bill To Hit Gold,”
The Washington Post.
Jad Mouawad and Clifford Krauss (19 Apr 2009), “Lawmakers May Limit Paper Mills' Windfall,”
New York Times. Wall Street Journal
(30 Jun 2009), “The Black Liquor War.”

video games
David Kochieniewski (10 Sep 2011), “Rich Tax Breaks Bolster Makers of Video Games,”
New York Times.

Japan exploits
Eldon V.C. Greenberg, Paul S. Hoff, and Michael I. Goulding (2002), “Japan's Whale Research Program and International Law,”
California Western International Law Journal,
32:151–209. Reuben B. Ackerman (2002), “Japanese Whaling in the Pacific Ocean: Defiance of International Whaling Norms in the Name of ‘Scientific Research,’ Culture, and Tradition,”
Boston College International & Comparative Law Review,
323–42.

Law of the Sea
Marcos A. Orellana (2004), “The Law on Highly Migratory Fish Stocks: ITLOS Jurisprudence in Context,”
Golden Gate University Law Review,
34:459–95.

Security Council Resolution 1441
Michael Byers (2004), “Agreeing to Disagree: Security Council Resolution 1441 and Intentional Ambiguity,”
Global Governance,
10:165–86.

Judge Gordon Hewart
Gordon Hewart (1923), Rex v. Sussex Justices, Ex parte McCarthy, King's Bench Division,
All England Law Reports:
233.

Invasive species
Jason Van Driesche and Roy Van Driesche (2000),
Nature Out of Place: Biological Invasions in the Global Age
, Island Press.

ecological disaster
Daniel Simberloff (2001) “Biological Invasions: How Are They Affecting Us, and What Can We Do About Them?”
Western North American Naturalist
, 61:308–15.

silver carp
M. Freeze and S. Henderson (1982) “Distribution and Status of the Bighead Carp and Silver Carp in Arkansas,”
North American Journal of Fisheries Management,
2:197–200.

pregnant brown tree snake
Thomas H. Fritts and Gordon H. Rodda (1998), “The Role of Introduced Species in the Degradation of Island Ecosystems: A Cade History of Guam,”
Annual Review of Ecology & Systematics,
29:113–40.