Roy Shapira & Shay Lavie, Rivalrous Remedies, available at SSRN (Apr. 07, 2026).

Rivalrous Remedies offers a novel theoretical account of chronic underenforcement. Its primary contribution is to explain and systematize an enforcement phenomenon in which courts and legislators employ an untheorized device. Rather than sanction wrongdoers directly, judges and lawmakers adopt doctrines and tools…