Jonathan Klick

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Essay
Volume 93.2
The Law and Political Economy Movement’s Crime Agenda Hurts Black People
Jonathan Klick
Charles A. Heimbold Jr. Professor of Law, University of Pennsylvania.

I thank John MacDonald for helpful comments. I do not thank him for the unhelpful ones.

The law and political economy (LPE) movement claims concern for marginalized communities as a motivation for its crime agenda. However, efforts to defund police, elect progressive prosecutors, and eliminate prisons are likely to generate large costs for the very communities LPE scholars say they care about. Existing empirical analyses demonstrate that Black individuals benefit disproportionately from the deterrence provided by police. This Essay also provides new evidence that progressive prosecutors have put Black people in lethal danger. Finally, it argues that there are reasons to believe that decarceration would not be costless for the Black community.

Criminal Law
2
Article
76.2
Passive Discrimination: When Does It Make Sense to Pay Too Little?
Jonah Gelbach
Associate Professor of Economics, University of Arizona
Jonathan Klick
Professor of Law, University of Pennsylvania Law School
Lesley Wexler
Assistant Professor of Law, Florida State University College of Law

Many thanks to Curtis Bridgeman, Fred Gedicks, Steve Gey, Mike Zimmer, participants at the 2008 Midwest Law and Economics Association annual meeting, and participants in the Second Annual Labor and Employment Law Colloquium for comments.

Discrimination Labor Law Law and Economics

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