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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 advantage of flexibility for Case Law is unavoidably paired with …
Persistent link: https://www.econbiz.de/10003748330
decision making. We asked 123 professional lawyers and 247 law students in Germany this question, and they clearly predicted …
Persistent link: https://www.econbiz.de/10011936293
simple framework from the law and economics literature. …
Persistent link: https://www.econbiz.de/10010512583
Persistent link: https://www.econbiz.de/10003498654
We propose a forensic approach to investigate the politico-economic forces that influence narrow vote outcomes in legislative assemblies. Applying nonparametric estimation techniques to a data set covering all roll call votes between 1990 and 2014, we can identify the existence of precise...
Persistent link: https://www.econbiz.de/10011509565
Criminal law enforcement depends on the actions of public agents such as police officers, but the resulting agency … problems have been neglected in the law and economics literature (especially outside the specific context of corruption). We …-select into law enforcement jobs that offer the opportunity to punish (or facilitate the punishment of) wrongdoers. Such “punitive …
Persistent link: https://www.econbiz.de/10010509622
This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when evidence is imperfect and rests with the parties. We show that the preponderance of evidence' standard provides maximal incentives to exert care. This holds even though litigants...
Persistent link: https://www.econbiz.de/10011409967
Persistent link: https://www.econbiz.de/10003456217
We focus in this paper on the effects of court errors on the optimal sharing of liability between firms and financiers, as an environmental policy instrument. Using a structural model of the interactions between firms, financial institutions, governments and courts we show, through numerical...
Persistent link: https://www.econbiz.de/10003974501
This paper analyzes patent pools and their effects on innovation incentives. It is shown that the pro-competitive effects of patent pools for complementary patents naturally extend for dynamic innovation incentives. However, this simple conclusion may not hold if we entertain the possibility...
Persistent link: https://www.econbiz.de/10010199442