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There is extensive literature on whether courts or legislators produce efficient rules, but which of them produces rules efficiently? The law is subject to uncertainty ex ante; uncertainty makes the outcomes of trials difficult to predict and deters parties from settling disputes out of court. In...
Persistent link: https://www.econbiz.de/10011349216
Despite the judiciary's central role in the capitalist market system, micro-level empirical analyses of courts in post-socialist countries are remarkably rare. This paper draws on a unique hand-collected dataset of commercial claims filed at Slovenian courts to examine the determinants of two...
Persistent link: https://www.econbiz.de/10010383306
We utilize case-level data from a large Belgian court to study a policy-relevant but thus far empirically unexplored aspect of judicial behavior: the time that a judge takes to deliberate on a case before rendering a verdict. Exploiting the de facto random administrative assignment of filed...
Persistent link: https://www.econbiz.de/10011488060
Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...
Persistent link: https://www.econbiz.de/10013113133
The authors provide a unique perspective on how the Court of Final Appeal has operated from 1997 to 2010. The study tracks the rising caseload in the Court, considers the statistical profile of the new system of judges and notes the greater attention being paid by the final court to public law cases
Persistent link: https://www.econbiz.de/10013122591
Adequacy of representation is a central concept in the law of case aggregation. Yet proceduralists today, some seventy years after the germinal case of Hansberry v. Lee, still lack a clear understanding of what representation means in adjudication and why a nonparty can be bound on a...
Persistent link: https://www.econbiz.de/10013125040
Courts prevent conflict by requiring power to be exercised in a principled way. This paper discusses the implications of courts systems moving from a monopoly of power by nation states to emerging private court systems
Persistent link: https://www.econbiz.de/10013098514
While it is well known that the majority of civil cases filed in U.S. courts are not resolved through trial, little is known empirically about the modes of civil case disposition worldwide. To fill this void in the literature, we analyze civil case disposition in post-socialist Slovenia. We...
Persistent link: https://www.econbiz.de/10013082784
Persistent link: https://www.econbiz.de/10013083947
A question periodically arises in the context of both international and domestic commercial arbitration, as to whether a court should stay or alternatively refuse to stay proceedings in the court in order to avoid or minimise a multiplicity of proceedings – arbitral and curial – focusing on...
Persistent link: https://www.econbiz.de/10013086050