Emily Kadens, Northwestern University School of Law, has posted The Persistent Limits of Fraud Prevention in Historical Perspective, which has been published as 118 Nw. U. L. Rev. 167 (2023):
Fraud has been ubiquitous throughout history, and so have the methods of fraud prevention. History demonstrates that no anti-fraud measures have fully succeeded in eliminating deceptive market behavior. Instead, this Essay uses evidence from premodern England to argue that societies and individual contracting parties balance tolerating a certain amount of fraud against the costs of fraud prevention.--Dan Ernst