Showing 1 - 10 of 48
This Paper studies the design of lawmaking and law enforcement institutions based on the premise that law is inherently incomplete. Under incomplete law, law enforcement by courts may suffer from deterrence failure. As a potential remedy, a regulatory regime is introduced. The major functional...
Persistent link: https://www.econbiz.de/10005504579
This paper proposes a test of racial bias in capital sentencing based upon patterns of judicial errors in lower courts. We model the behavior of the trial court as minimizing a weighted sum of the probability of sentencing an innocent and that of letting a guilty defendant free. We define racial...
Persistent link: https://www.econbiz.de/10009001070
We investigate possible racial discrimination in the context of discretionary parole release. We develop a rational choice model of release whereby a parole board must balance parolees' risk of violation with the cost of not releasing prisoners who may not violate their parole. A color-blind...
Persistent link: https://www.econbiz.de/10009209827
In a model where biased judges can distort contract enforcement, we uncover positive feedback effects between the use of innovative contracts and legal evolution that improve verifiability and contracting over time. We find, however, that the cost of judicial bias also grows over time because...
Persistent link: https://www.econbiz.de/10011084669
All Courts rule ex-post, after most economic decisions are sunk. This might generate a time-inconsistency problem. From an ex-ante perspective, Courts will have the (ex-post) temptation to be excessively lenient. This observation is at the root of the principle of stare decisis. Stare decisis...
Persistent link: https://www.econbiz.de/10008854527
Two literatures in political economy argue that differences in political institutions help explain variation in the fiscal performance of countries. They indentify electoral systems and institutions that structure the formation of the budget as important determinants of the budget deficit. In...
Persistent link: https://www.econbiz.de/10005791607
In a Case Law regime Courts have more flexibility than in a Statute Law regime. Since Statutes are inevitably incomplete, this confers an advantage to the Statute Law regime over the Case Law one. However, all Courts rule ex-post, after most economic decisions are already taken. Therefore, the...
Persistent link: https://www.econbiz.de/10005792039
We investigate the origin and evolution of the legal institution of citizenship from a political economy perspective. We compile a new data set on citizenship laws across countries of the world which documents how these institutions have evolved in the postwar period. We show that, despite a...
Persistent link: https://www.econbiz.de/10005792114
The cost of enforcing contracts is a key determinant of market performance. We document this point with reference to the credit market in a model of opportunistic debtors and inefficient courts. According to the model, improvements in judicial efficiency should reduce credit rationing and...
Persistent link: https://www.econbiz.de/10005123567
While confounding factors typically jeopardise the possibility of using observational data to measure peer effects, field experiments offer the possibility of obtaining clean evidence. In this Paper we measure the output of four randomly selected groups of individuals who were asked to fill...
Persistent link: https://www.econbiz.de/10005123943