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Most apparent differences between US and continental law lose their relevance once one looks beneath the doctrinal surface and checks how doctrine plays itself out in concrete cases. One of the few exceptions is standards of proof. Not only distinguishes US law between "preponderance of the...
Persistent link: https://www.econbiz.de/10003861845
Jury members do not normally have the privilege of a complete, unbiased picture of the case. To make the best of patently incomplete evidence, they cannot but at least partially rely on their intuition. We provide evidence for this claim based on self-report data as well as more subtle measures...
Persistent link: https://www.econbiz.de/10003861886
Hardly any antitrust lawyer would deny that antitrust needs solid foundations in economics. Antitrust authorities hire economists, if they do not even haven the position of a chief economist. Antitrust not only capitalises on economic theory, but it is equally sensitive to empirical studies, be...
Persistent link: https://www.econbiz.de/10003861936
Broken Windows: the metaphor has changed New York and Los Angeles. Yet it is far from undisputed whether the broken windows policy was causal for reducing crime. In a series of lab experiments we show that first impressions are indeed causal for cooperativeness in three different institutional...
Persistent link: https://www.econbiz.de/10003862429
Does probation pay a double dividend? Society saves the cost of incarceration, and convicts preserve their liberty. But does probation also reduce the risk of recidivism? In a meta-study we show that the field evidence is inconclusive. Moreover it struggles with an identification problem: those...
Persistent link: https://www.econbiz.de/10003905816
Criminal procedure is organized as a tournament with predefined roles. We show that assuming the role of a defense counsel or prosecutor leads to role induced bias even if people are highly motivated to give unbiased judgments. In line with parallel constraint satisfaction models for legal...
Persistent link: https://www.econbiz.de/10008662600
The most famous element in Bentham's theory of punishment, the Panopticon Prison, expresses his view of the two purposes of punishment, deterrence and special prevention. We investigate Bentham's intuition in a public goods lab experiment by manipulating how much information on punishment...
Persistent link: https://www.econbiz.de/10003935656
Do criminals maximise money? Are criminals more or less selfish than the average subject? Can prisons apply measures that reduce the degree of selfishness of their inmates? Using a tried and tested tool from experimental economics, we cast new light on these old criminological questions. In a...
Persistent link: https://www.econbiz.de/10003980334
The European Commission is working on a revision of its Guidelines on Research and Development Agreements. On this occasion, this note surveys the existing experimental evidence. Experiments add a number of additional arguments to the normative assessment. R&D agreements have a much smaller...
Persistent link: https://www.econbiz.de/10008779115
From the perspective of competitors, competition may be modeled as a prisoner's dilemma. Setting the monopoly price is cooperation, undercutting is defection. Jointly, competitors are better off if both are faithful to a cartel. Individually, profit is highest if only the competitor(s) is (are)...
Persistent link: https://www.econbiz.de/10008822475