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Tel: 215.898.4220
Email: csanchir@law.upenn.edu
Expertise
- Evidence
- Law and Economics
- Tax Policy
Bio
Sanchirico’s work spans several fields of legal scholarship, chiefly tax policy, distributive justice, evidentiary procedure, and social norms.
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Sanchirico’s work spans several fields of legal scholarship, chiefly tax policy, distributive justice, evidentiary procedure, and social norms. Sanchirico’s writing on tax policy focuses on the interaction between taxation and distributive justice. A recent working paper measures the progressivity of the income tax taking into account what people could earn, as opposed to what they actually do earn. Two earlier papers challenge the common view that the tax law should be the only policy tool used for distributional purpose. Another paper (with co-author Matthew Adler) considers how properly to implement a social concern for inequality when policy choices have uncertain outcomes—whether, in particular, equal prospects for gain or loss make up for inequality in actual outcomes. Sanchirico’s work on evidentiary procedure focuses on the problems faced by the legal system in having often to rely for information upon those with a stake in its consequent actions – individuals, like lobbyists and litigating parties, who are both expert and suspect. Sanchirico argues in one recent article that the law makes good use of individuals’ bounded ability to process information. The insincere witness’s cognitive limitations, for example, make cross examination effective. The offender’s cognitive limitations prevent her from blocking or erasing all the unfavorable evidentiary traces of her actions. In another paper Sanchirico argues that structural features of evidentiary process such as these are often a better way of dealing with evidentiary misdeeds than attempting to impose sanctions on perjury or obstruction of justice. Sanchirico’s papers on social norms (with co-author Paul Mahoney) argue that efficient social norms are not the likely outcomes of extra governmental evolutionary or reputational processes, but rather require the conscious guidance of legal institutions.
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Representative Professional Positions
Penn Law and Wharton’s Business & Public Policy Department - Professor (2003-); Visiting Professor (fall 2002)
Center for Tax Law and Policy at Penn - Co-Director (2007 -)
Virginia - Professor (2002-03); Associate Professor (1999-2002)
Representative Publications
Evidentiary Arbitrage: The Fabrication of Evidence and the Verifiability of Contract Performance, J. L. ECON. & ORG. (forthcoming 2008) (with George G. Triantis).
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The Tax Advantage to Paying Private Equity Fund Managers with Profit Shares: What is it? Why is it Bad?, 75 U. CHIC. L. REV. (forthcoming 2008).
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A Primary Activity Approach to Proof Burdens, J. LEGAL STUD. (forthcoming 2008).
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Taxing Carry: The Problematic Analogy to "Sweat Equity," 117 TAX NOTES 239 (2007)
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Inequality and Uncertainty: Theory and Legal Applications, 155 U. PA. L. REV. 279 (2006). (Joint work: Matthew Adler & Chris Sanchirico).
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THE ECONOMICS OF EVIDENCE, PROCEDURE, AND LITIGATION: VOLS. 1 & 2 (2007).
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Detection Avoidance, 81 NYU L. REV. 1331 (2006).
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General and Specific Legal Rules, J. INST'L & THEOR. ECON. 329 (2005)(with Paul G. Mahoney).
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Evidence Tampering, 53 DUKE L. J. 1215 (2004).
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Big Field, Small Potatoes: An Empirical Assessment of EPA's Self-Audit Policy, 23 J. POL'Y ANALYSIS & MGMT. 415 (2004) (with Alexander Pfaff).
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Collusion and Price Rigidity, 71 REV. ECON. STUD. 317 (2004) (with S. Athey and K. Bagwell).
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Evidence, Procedure, and the Upside of Cognitive Error , 57 STAN. L. REV. 291 (2004).
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Should Plaintiffs Win What Defendants Lose? Litigation Stakes, Litigation Effort, and the Benefits of Decoupling, 33 J. OF LEGAL STUD. 323 (2004) (with Albert Choi).
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Finding Error, 4 MICH. ST. L. REV. 1189 (2003).
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Norms, Repeated Games, and the Role for Law, 91 CAL. L. REV. 1281 (2003) (with P. Mahoney).
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Relying on the Information of Interested--and Potentially Dishonest--Parties, 3 AM. L. & ECON. REV. 320 (2001).
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Character Evidence and the Object of Trial, 101 COLUM. L. REV. 1227 (2001).
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Deconstructing the New Efficiency Rationale, 86 CORNELL L. REV. 1003 (2001).
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Competing Norms and Social Evolution: Is the Fittest Norm Efficient?, 149 U. PA. L. REV. 2027 (2001) (with Paul G. Mahoney).
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Games, Information and Evidence Production: With Application to English Legal History, 2 AM. L. & ECON. REV. 342 (2000).
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Taxes versus Legal Rules as Instruments for Equity: A More Equitable View, 29 J. LEGAL STUD. 797 (2000).
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Environmental Self-Auditing: Setting the Proper Incentives for Discovering and Correcting Environmental Harm, 16 J. L. Econ. & Org. 189 (2000)
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The Role of Absolute Continuity in 'Merging of Opinions' and 'Rational Learning,' 29½ GAMES & ECON. BEH. 170 (1999) (with R. Miller).
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The Burden of Proof in Civil Litigation: A Simple Model of Mechanism Design, 17 INT'L REV. L. & ECON. 431 (1997).
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A Probabilistic Model of Learning in Games, 64 ECONOMETRICA 1375 (1996).
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For additional publications, please consult
Current & Recent Research
Current Working Papers
Progressivity and Potential Income: Measuring the Effect of Changing Work Patterns on Income Tax Progressivity (U. of Penn, Inst for Law & Econ Research Paper No. 07-02, U. of Penn Law School, Public Law Working Paper No. 07-03, January 2007).
Harnessing Adversarial Process: Optimal Strategic Complementarities in Litigation (U of Penn, Inst. for Law & Econ Research Paper 05-01, February 2005).
Almost Everybody Disagrees Almost All the Time: The Genericity of Weakly Merging Nowhere, (Columbia Economics Dept, Discussion Paper Series No. 9697-25, August 1997) (with Ronald I. Miller).
Representative Professional Activities
Founding Editor, ECONOMIC INEQUALITY AND THE LAW ABSTRACTS (Social Science Research Service).
Founding Editor, EVIDENCE AND EVIDENTIARY PROCEDURE ABSTRACTS (Social Science Research Service).
Member of the Board of Directors, American Law and Economics Association.
Chair-elect, Evidence Section, Association of American Law Schools.
Editorial/Advisory Board Member, LAW, NORMS, AND INFORMATION (Social Science Research Service), REVIEW OF LAW AND ECONOMICS (Berkeley Electronic Press), INTERNATIONAL COMMENTARY ON EVIDENCE (Berkeley Electronic Press).
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