Claudia Landeo discusses her work at the NBER Summer Institute in Law and Economics

Claudia Landeo presented her papers "Optimal Law Enforcement with Ordered Leniency" and "Ordered Leniency: An Experimental Study of Law Enforcement with Self-Reporting" at the National Bureau of Economic Research Summer Institute in Law and Economics.

Economics Staff - 10 October 2018

In the paper, "Optimal Law Enforcement with Ordered Leniency," Professor Landeo and her co-author, Professor Spier, theoretically study the design of enforcement policies to detect and deter harmful short-term activities committed by groups of injurers. With an ordered-leniency policy, the degree of leniency granted to an injurer who self-reports depends on his or her position in the self-reporting queue. By creating a "race to the courthouse," ordered-leniency policies lead to faster detection and stronger deterrence of illegal activities. The socially-optimal level of deterrence can be obtained at zero cost when the externalities associated with the harmful activities are not too high. Without leniency for self-reporting, the enforcement cost is strictly positive and there is underdeterrence of harmful activities relative to the first-best level. Hence, ordered-leniency policies are welfare improving. Their findings for environments with groups of injurers complement Kaplow and Shavell's (1994) results for single-injurer environments. This paper presents the first formal analysis of ordered-leniency policies for short-term group activities.

In the paper, "Ordered Leniency: An Experimental Study of Law Enforcement with Self-Reporting," Professors Landeo and Spier, report the results of an experiment designed to assess the ability of an enforcement agency to detect and deter harmful short-term activities committed by groups of injurers. They replicate the strategic environment described by Landeo and Spier (2018). In theory, the optimal ordered-leniency policy depends on the refinement criterion applied in case of multiplicity of equilibria. Their findings are as follows. First, they provide empirical evidence of a ``race-to-the-courthouse'' effect of ordered leniency: Mild and Strong Leniency induce the injurers to self-report promptly. These findings suggest that the injurers' behaviors are aligned with the risk-dominance refinement. Second, Mild and Strong Leniency significantly increase the likelihood of detection of harmful activities. This fundamental finding is explained by the high self-reporting rates under ordered-leniency policies. Third, as a result of the increase in the detection rates, the averages fines are significantly higher under Mild and Strong Leniency. As expected when the risk-dominance refinement is applied, Mild Leniency exhibits the highest average fine.

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