This paper assesses the widely held belief that damages for pain and suffering are random or arbitrary. We empirically analyze the differential impact of a plaintiff's personal characteristics, pain-specific circumstances and a lawsuit's procedural features on such payments. Relying on a dataset...

Since 2007, all insurance intermediaries face negligence liability that is supposed to reallocate risks and set economic incentives. Nonetheless, further measures are taken to improve consumer protection. So, the question arises does the liability rule influence the agents behavior, or not, and...

Nach § 147 Abs. 6 AO (Abgabenordnung) haben die Finanzbehörden "im Rahmen einer Außenprüfung das Recht, Einsicht in die gespeicherten Daten zu nehmen (...)". Hiervon betroffen sind Betriebs-, Umsatzsteuersonder-, Lohnsteueraußen- und Kapitalertragssteuerprüfungen sowie die...

Based on interviews of all UK based third party litigation funders the paper provides new empirical evidence on the nature, extent and type of third party funding of litigation. It also examines the emergence of new group or class action third party funders in Europe focused primarily on...

This paper analyses the state of private enforcement of EU competition law in Germany after the implementation of the Competition Damages Directive 2014/104/EU. The Damages Directive provides full harmonisation, but only of select issues. In view of this fragmented legal framework, the “law in...

Mergers, squeeze-outs, and other corporate restructurings serve to transfer control or to save costs by streamlining the corporate structure. However, they also offer an opportunity for controllers to expropriate investors. Corporate law needs to provide safeguards to ensure that the minority...

This paper analyses a longitudinal dataset on legal protection of shareholders over a 36 year period, 1970-2005, for four advanced countries, the UK, France, Germany and the USA. It examines two aspects of the legal origin hypothesis-whether shareholder protection is higher in the common law...

This paper analyzes the contemporary emergence of neo-formalist and neo-functionalist approaches to law-making at a time when the state is seeking to reassert, reformulate and reconceptualize its regulatory competence, both domestically and transnationally. While the earlier turn to alternative...

The abolishment of passport and any other type of border controls at the German-Polish and German-Czech border in December 2007 provoked public concerns that open border would increase cross-border crime. Despite these widespread concerns, there is still little research on whether the public...

This paper studies drivers' responses to a "notched" penalty scheme in which speeding penalties are stepwise and discontinuously increasing in speed. We present survey evidence suggesting that drivers in Germany are well aware of the notched penalty structure. Based on a simple analytical...