Showing 1 - 10 of 369
Persistent link: https://www.econbiz.de/10008661951
Persistent link: https://www.econbiz.de/10010289019
investigated and compared to the effects of specific legislation. It is shown that the efficient relation of legislative law making …. The model also suggests a mutual dependency between legislation and adjudication to establish efficiency in law …, contradicting the traditional legal doctrines of exclusive legislation or sole case-law. -- incomplete contracts ;judicial law …
Persistent link: https://www.econbiz.de/10009161860
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/10010325161
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
The goal of this paper is to detect the degree to which court decisions control the stringency of employment protection and to investigate how such judicial discretion affects labor market performance. However, identification difficulty arises because court decisions are volatile against...
Persistent link: https://www.econbiz.de/10003820004
The paper analyses the arbitration of dismissal disputes by Australian labour courts over a 15 years' time span characterized by two major legal reforms to unfair dismissal statutes. We isolate two channels by which we think the social values of the Federal government affected the decisions of...
Persistent link: https://www.econbiz.de/10011317657
Are more cases settled when judges are elected among the most belligerent trade unions? In the specific case of French employment courts, the answer is broadly negative. This article provides evidence of the minor role that judges have on alternative dispute resolution in and out of court....
Persistent link: https://www.econbiz.de/10012896402
Fiduciary monitoring has become a hot topic as a result of the U.S. Supreme Court's decision in Tibble v. Edison International, according to recent expert insights published by Analysis Group Managing Principal D. Lee Heavner and Fiduciary Leadership LLC Managing Director and Analysis Group...
Persistent link: https://www.econbiz.de/10013019434
This Article identifies a market-based solution for monitoring large-scale litigation that proceeds outside of Rule 23's safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever-increasing restrictions on certifying a class mean that plaintiffs' lawyers...
Persistent link: https://www.econbiz.de/10013037441