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  Subjects -> ARCHAEOLOGY (Total: 300 journals)
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European Journal of Law and Economics
Journal Prestige (SJR): 0.375
Citation Impact (citeScore): 1
Number of Followers: 52  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1572-9990 - ISSN (Online) 0929-1261
Published by Springer-Verlag Homepage  [2467 journals]
  • Stay or flee' Hit-and-run accidents, darkness and probability of
           punishment

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      Abstract: Abstract Empirical studies on the economic theory of crime have extensively analyzed the importance of the probability of punishment with regard to premeditated criminal activities. Unplanned crimes also occur, however, and this paper will focus on a very serious and widespread example: the hit-and-run road accident. Using police records for every road accident with injuries or mortalities that took place in Italy in the period 1996–2016, we rely on changes in daylight, both when switching between daylight saving time and winter time and across seasons, as an exogenous source of variation affecting the probability of apprehension and find that the likelihood of hit-and-run conditional on an accident taking place increases by around 20% with darkness. Our results suggest that policies increasing the likelihood of apprehension could be effective in reducing hit-and-run.
      PubDate: 2023-02-01
       
  • A numerus clausus rationale for the privity of contract: the protective
           function

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      Abstract: Abstract We analyse the legal and economic background and implications of the destandardisation of digital contracts, with a focus on consumer protection and overall efficiency. We argue that firms can exploit destandardisation paired with asymmetric information to extract rents. We propose the introduction of a numerus clausus principle in the digital licensing realm (a limit to the contractual freedom of parties to create proprietary rights) as a way of reducing rent extraction by firms and increasing consumer surplus. With a simple economic model, we account for the tradeoff between the benefit from reduced market power and the social cost of legally enforced standardisation, and show that some degree of enforced standardisation can be optimal.
      PubDate: 2023-02-01
       
  • Reluctance to report criminal incidents: limited access to justice, social
           exclusion, and gender

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      Abstract: Abstract Measures of access to justice mainly use indicators from judicial statistics or legislation whereas subjective perceptions or attitudes are often measured by survey questions related to judicial services. Using Turkey’s Life Satisfaction Survey, we consider reluctance to report an experienced criminal incident, which is a factual statement, as an objective indicator affecting demand for and access to justice. We identify correlates of reluctance to report and find that poor socio-economic status is negatively associated with the probability of reporting a criminal incident, and that the impact is greater for women. Perceived social pressures related to gender and level of income adversely affect their probability of reporting, whereas men are not affected by social pressure in their decision to report criminal incidents. We then relate the probability of reluctance to report to the probability of giving a no opinion response to questions on perceptions of satisfaction with judicial services. We find that the two are correlated, providing evidence for the relationship between exclusion from access to justice and voice.
      PubDate: 2023-02-01
       
  • The effects of market size, wealth, and network effects on digital piracy
           and profit

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      Abstract: Abstract The effect of digital piracy is often framed as a creator having to compete against unauthorized copies of their own creation, despite intellectual property rights laws. This framing has empirical and theoretical support, but the empirical findings often suggest that the magnitude and even sign of piracy effects depend on the characteristics of the software and the market. For example, piracy seems to have a larger negative effect on sales of high-profile works, but a smaller and perhaps even positive effect on lesser-known works. This paper seeks a theoretical explanation of differential piracy effects. It is unique in that it gives considerable focus to the market size, and also to budgetary limitations of the consumer base, motivated by high piracy rates in developing countries. The models imply that piracy is more likely to help developers when the market for the software is smaller; when network effects are neither too weak nor too strong; when piracy is neither to accessible nor too inaccessible; when the cost of piracy is relatively homogeneous; and when the consumer base is not too poor. All things considered, the inclusion of market size, consumer budgets, and heterogeneous piracy costs suggest that piracy is less likely to be beneficial to developers than previous literature suggest. Developer profit may be higher or lower with piracy, but buyer welfare is no worse, and is sometimes better, with piracy.
      PubDate: 2023-02-01
       
  • Does legal freedom satisfy'

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      Abstract: Abstract Much political conflict in the world revolves around the issue of how much freedom to accord people. Liberal democracies are characterized by, e.g., the rule of law and a strong protection of civil rights, giving individuals a great deal of legally guaranteed freedom to lead their lives as they see fit. However, it is not known whether legal freedom suffices to make people satisfied with freedom. Our study explores that issue by relating seven indicators of legal freedom to the satisfaction people express with their freedom of choice. Using a sample of 133 countries over the period 2008–2018, and taking a panel-data approach, we find no robust baseline relationship. However, when exploring conditional associations by interacting the indicators with social trust, the rule of law is positively and increasingly related to satisfaction with freedom above and below a threshold level. Freedom of assembly is more positive for satisfaction with freedom the higher the GDP per capita and in democracies. Thus, for some types of legal freedom, formal legal institutions are complementary with culture, income and the political system in generating satisfaction with freedom.
      PubDate: 2023-02-01
       
  • Do child support guidelines result in lower inter-judge disparity' The
           case of the French advisory child support guidelines

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      Abstract: Abstract In this article, we study the decision-making of judges in an experimental setting resembling real world judicial decision-making in order to measure the impact of advisory guidelines on judges’ decisions in divorce cases. We gave 312 French future judges 48 case vignettes, built from real data related to divorce cases involving children. We compared two different subject pools: judges who were asked to set child support awards with an advisory guideline and judges who were asked to set child support awards without any guidelines. We find that guidelines help to reduce the disparity between judges: the variance in similar cases is lower when the subjects have the opportunity to use guidelines. On the other hand, this effect is not systematic since we observe an increase in heterogeneity in some particular cases. We interpret this result by considering that the guidelines may generate a conflict of norms: the judge may be torn between the social norm represented by the guidelines and based on the child’s interest and the legal norm that limits her decisions which need to stay within the parties’ proposals. An increase of heterogeneity would result from different trade-offs between judges.
      PubDate: 2023-02-01
       
  • You can’t export that! Export ban for modern and contemporary
           Italian art

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      Abstract: Abstract Since 1939, an artwork in Italy can be subject to an “export veto” if it was created more than 50 years before the date of sale by an artist who is no longer living at the time of the sale. When the Italian bureau decides to exercise its right to veto exportation, these artworks cannot circulate outside the territory of Italy. Using original data from a hand-collected dataset covering all artworks made by non-living modern and contemporary Italian artists, auctioned at Christie’s and Sotheby’s in London and Milan between 2012 and 2016, we estimate a threshold model to consider the effect of the export veto law on price while controlling for the potential presence of a sample selection bias. We found that, while artwork prices are increasing in the time span between the year of creation and the date of sale, this effect reverses for artworks sold in Italy and created more than 50 years before the sale date. A similar pattern is also found in pre-sale estimates fixed by the auction houses, suggesting they exhibit rational behaviour in anticipating the export veto effect.
      PubDate: 2022-12-10
       
  • You go first!: coordination problems and the burden of proof in
           inquisitorial prosecution

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      Abstract: Abstract Prosecution of criminals is costly and subject to errors. In contrast to adversarial court procedures, in inquisitorial systems the prosecutor is regarded as an impartial investigator and an aide to the judge. We show in a sequential prosecution game of a Bayesian court that a strategic interaction between these two impartial agents exists where each player may hope to free ride on the other one´s investigative effort. This gives rise to inefficient equilibria. The model demonstrates that the effectiveness of some policy measures that intend to curb the free-riding problem critically depends on the assumed benevolence of the prosecutor. We find that, if policy makers are unable to infer the true preferences of the prosecutorial body, the high burden of proof in criminal law may reduce the probability of court errors. Our analysis, therefore, substantiates claims made in the literature that inquisitorial procedures are introduced to avoid wrongful acquittals.
      PubDate: 2022-12-09
       
  • In practice or just on paper' Some insights on using alphabetical rule
           to assign judges to cases

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      Abstract: Abstract In order to prevent judicial bias and increase transparency within the court system, case distribution among judges is often subjected to specific rules. The question which arises, however, is whether these rules are obeyed in practice. In this paper, looking at the example from the Constitutional Tribunal of the Republic of Poland in the period 2011–2014, we check whether assigning judges to panels is consistent with the alphabetical rule that should govern the appointment of judges to cases. Our results show that the rule was fully obeyed only rarely and in fact, in most cases, it was notably disrupted. We test several potential explanations that may account for this issue. We find that the most obvious explanations such as formal preclusions, random events or other duties at the Tribunal can account for a minor share of the violations at best. Among the factors that we considered, a strategic composition of adjudication panels appears to have the highest explanatory potential.
      PubDate: 2022-12-01
      DOI: 10.1007/s10657-022-09733-w
       
  • Strict liability, scarce generic input and duopoly competition

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      Abstract: Abstract Strict liability imposed on firms involved in an imperfect competition game (here duopoly) is not an obstacle to achieving a socially optimal care level of care. However, when one input becomes scarce (here a limited generic asset), the precedent result is compromised. Duopolistic competition leads to supply more goods at a lower price at the equilibrium, but also a lower care level compared to a monopoly placed in similar conditions. When damage are too high, capped strict liability coupled with an ex-ante regulation leads the firms to increase their care level. The weakest one may disappear letting the other one in monopoly situation.
      PubDate: 2022-12-01
      DOI: 10.1007/s10657-022-09738-5
       
  • Contingent fees and endogenous timing in litigation contests

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      Abstract: Abstract This study examined the contingent fee arrangements and adversarial systems applied in the United States. In the American context, a plaintiff (or a defendant) pays a contingent fee (an hourly fee) to their lawyer. In this adversarial system, lawyers can either be the first or the second mover. Solving the American practice with endogenous timing of litigation efforts, we obtained the following results: (i) if the defendant’s total hourly fee rate is not sufficiently high, the plaintiff’s lawyer is the first mover, with the plaintiff then being the underdog and (ii) if the rate is sufficiently high, the lawyer is the second mover, with the plaintiff then being the favorite. We demonstrated that these results are not ideal for the plaintiff. The equilibrium order of effort increases the equilibrium contingent fee and total legal effort in the trial, making reaching a settlement difficult. However, this improves the justice achieved through litigation if the total hourly fee rate is not significantly high. We suggest that the American practice of contingent fees with endogenous timing of effort is not economically efficient but is suitable for achieving justice.
      PubDate: 2022-12-01
      DOI: 10.1007/s10657-022-09743-8
       
  • What lessons can be learned from cost efficiency' The case of Swedish
           district courts

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      Abstract: Abstract Many studies have reported findings regarding technical efficiency (i.e., resource use) for district courts around the world. However, our review of previous research did not find any studies targeting cost efficiency. To fill this gap, this study investigates the cost efficiency of Swedish district courts. We apply the Farrell framework and decompose cost efficiency into allocative and technical efficiency. The study finds substantial cost inefficiency for district courts in Sweden, which is mainly due to allocative inefficiency (i.e., having the wrong input mix or paying too much for inputs). This result is not surprising since, for example, there is regional heterogeneity in input prices (i.e., wages and rents). However, it also reveals the potential of, for example, moving district courts out of city centres and high-priced areas. On the other hand, the location and staffing of district courts serve other competing policy concerns, such as the proximity of citizens to district courts. The cost-efficiency analysis gives information about the cost of these competing policy concerns.
      PubDate: 2022-12-01
      DOI: 10.1007/s10657-022-09739-4
       
  • Do presumptions of negligence incentivize optimal precautions'

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      Abstract: Abstract In most jurisdictions, the burden of producing evidence on a contested issue traditionally falls on plaintiffs. In a tort claim, this de facto creates a presumption of non-negligence in favor of injurers. Some legal systems in Europe placed renewed attention on “presumed liability” rules, which instead create a presumption of negligence against injurers. In this paper, we analyze the effects of alternative legal presumptions on parties’ care incentives in the presence of discovery errors. Differently from what was suggested in prior research, we show that legal presumptions do affect primary behavior: presuming that the injurer was (not) negligent strengthens (weakens) his care incentives in situations where the plaintiff faces probatory difficulties. We analyze how these effects should inform the choice of evidence regimes to improve the robustness of liability rules, and to minimize the dilutive effect of imperfect discovery on individuals’ care incentives.
      PubDate: 2022-12-01
      DOI: 10.1007/s10657-022-09737-6
       
  • Counting offenders’ gains' Economic and moral considerations in the
           determination of criminality

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      Abstract: Abstract The question of whether or not offenders’ gains should be counted in social welfare began with Stigler’s original critique of the Becker model, but that debate has been carried out solely within the context of law enforcement while taking the content of law as given. This paper extends the discussion to the question of what acts should be made criminal. It does this by viewing the Becker model of crime through the lens of the Coase–Calabresi–Melamed framework for assigning and protecting legal entitlements in conflicting-use situations. The analysis shows that the economic model cannot uniquely determine criminality, even when some allowance is made for a divergence between private and social values, provided that sanctions are optimally set. The content of law must therefore be imposed exogenously based on moral or other considerations.
      PubDate: 2022-12-01
      DOI: 10.1007/s10657-022-09744-7
       
  • Regulatory objectives vs fiscal interests: Are German casino locations
           motivated by beggar-thy-neighbor policy' An empirical analysis

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      Abstract: Abstract In this paper we provide an empirical analysis of German casino locations. Due to the “mercantilistic background” of casinos, we assume that casinos are more likely to be found at borders and in tourist areas. Even though location decisions have been made in the past, we use cross-sectional data at county level to analyze whether the current locations of casinos are consistent with present-day policy objectives. We discuss whether fiscal incentives and/or regulatory objectives to prevent harmful gambling are relevant for today's locations of German casinos. For our empirical analysis we use location and tourism indicators which are both significant factors for the location of German casinos. We find that the likelihood of a casino location increases if a county is located at a state border. We conjecture that border locations are chosen to share negative externalities of gambling with neighboring states while attracting revenues from out-of-state gamblers. This can be viewed as a type of beggar-thy-neighbor policy, which is inconsistent, however, with the objectives of the State Treaty, which is to provide legal gambling opportunities for the population within the state. For better implementation of the objectives, a more balanced distribution of casinos throughout the urbanized regions in Germany is recommended.
      PubDate: 2022-11-23
       
  • How to improve consumers’ understanding of online legal information:
           insights from a behavioral experiment

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      Abstract: Abstract Past research has shown that online information notices often fail to inform consumers well, even if transparency-enhancing measures are implemented. However, the studies in question have employed research designs that were restricted to pre-contract conclusion scenarios and ad hoc, text-only attempts to optimize disclosures. While these results point to the general limitations of disclosures, they leave open whether optimizing information notices can be of substantial value to consumers in other settings. Our study tests the effectiveness of multimodal disclosure optimization techniques in both the pre- and post-contract conclusion scenarios. The post-contract conclusion scenario is the situation where a consumer has a dispute with a business. While this setting is not the primary target of disclosure legislation, it is a more realistic instance of the actual use of legal information online. Here the consumer has a real incentive to obtain information about his or her rights and obligations. We show that under these conditions, consumers do in fact read, retain and understand more when the attempt has been made to optimize disclosures.
      PubDate: 2022-11-10
      DOI: 10.1007/s10657-022-09755-4
       
  • Money laundering and AML regulatory and judicial system regimes:
           investigation of FinCEN files

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      Abstract: Abstract Using a novel dataset, this paper explores the link between cross-border flows of illicit money and anti-money laundering (AML) regulatory and judicial system regimes. To this extent, we explore the information contained in thousands of suspicious activity reports filed by US banks and recently disseminated within the FinCEN files investigation. For a sample of 106 jurisdictions, we relate money laundering (ML) flows as well as the central role of each country’s banks within the international ML network to several variables capturing the AML regulatory stance and ML enforcement. The results point to the crucial role played by judicial system performance variables in explaining the layering phase patterns observed in the underlying data.
      PubDate: 2022-11-06
      DOI: 10.1007/s10657-022-09756-3
       
  • Do target-country legal institutions affect cross-border mergers and
           acquisitions' A quantitative literature survey

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      Abstract: Abstract We undertake a meta-analysis of 1296 estimates of the effect of target-country legal environments on cross-border mergers and acquisitions (CBMAs) compiled from 60 published studies. Although these studies provide effect estimates that are statistically significant, none of the legal variables considered, save civil law, has an effect on either CBMA intensity or the CBMA premium that is large enough to be meaningful. Thus, the studies fail to provide support for legal origins theory or for theories based on cultural distance as explanations for CBMA activity. Studies of the CBMA premium are plagued by inadequate statistical power, by unexplained inter-study differences in effect and by publication-selection bias. Based on our meta-analysis, we suggest reasons why the empirical evidence fails to support theories that have wide acceptance.
      PubDate: 2022-11-02
      DOI: 10.1007/s10657-022-09751-8
       
  • Net neutrality and high-speed broadband networks: evidence from OECD
           countries

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      Abstract: Abstract Network neutrality regulations are intended to preserve the Internet as a non-discriminatory, public network and an open platform for innovation. Whereas the U.S. reversed its regulations in 2017, returning to a less strict regime, the EU has maintained its course and recently revised implementation guidelines for its strict and rather interventionist net neutrality regulations. To this day, there exist only a few empirical investigations on the impact of network neutrality regulations, based on rather broad measures of investment activities for individual countries. Our paper provides the first estimation results on the causal impact of net neutrality regulations on new high-speed (fiber-optic cable-based) infrastructure investment by Internet service providers. We use a comprehensive and most recent OECD panel data set for 32 countries for the period from 2000 to 2021 covering the entire high-speed broadband network deployment period. We employ various panel estimation techniques, including instrumental variables estimation. Our empirical analysis is based on theoretical underpinnings derived from a simplified model in a two-sided market framework. We find empirical evidence that net neutrality regulations exert a significant and strong negative impact on fiber investments. Our results suggest that, while we cannot provide evidence on the overall welfare consequences of net neutrality, imposing strict net neutrality regulations clearly slow down the deployment of new fiber-based broadband connections.
      PubDate: 2022-10-23
      DOI: 10.1007/s10657-022-09754-5
       
  • European associations in law and economics foreword

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      PubDate: 2022-09-16
      DOI: 10.1007/s10657-022-09752-7
       
 
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