‘Enjoy the Little Things’

Emily Kadens, Cheating Pays, 119 Columbia Law Review 527 (2019). According to Columbus, the protagonist of Zombieland (2009), ‘enjoy the little things’ is Rule #32 for surviving a zombie apocalypse. Professor Emily Kadens’ Cheating Pays explores the darker side of enjoying the little things against the backdrop of the 1622 trial of a London grocer, Francis Newton. Specifically, Professor Kadens argues that in the context of cheating by heavily networked commercial actors, it is the little things – small-scale but regular cheats in transactions with contracting partners- that pay off in the end. Small cheats are potentially more lucrative than large cheats because small cheats are unlikely to be discovered or may be discounted as mistakes even if discovered, the cheater can take steps to misdirect attacks on the cheater’s reputation, and contracting partners are unlikely to take significant measures to punish the small-scale cheater even after the cheats are discovered … (more)

[Daniel Barnhizer, JOTWELL, 29 November]

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