Journal of Legal Analysis最新文献_第6页

The Appearance and the Reality of Quid Pro Quo Corruption: An Empirical Investigation 交换条件腐败的表象与现实:一项实证调查

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2016-05-01 DOI: 10.1093/JLA/LAW006

C. Robertson, D. Winkelman, Kelly Bergstrand, Darren Modzelewski

引用次数: 3

Prosecuting Beyond the Rule of Law: Corporate Mandates Imposed through Deferred Prosecution Agreements 超越法治的起诉:通过延期起诉协议施加的公司委托

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2016-04-19 DOI: 10.1093/JLA/LAW007

Jennifer H. Arlen

引用次数: 30

Starting with the Text — On Sequencing Effects in Statutory Interpretation and Beyond 从文本开始——论法律解释中的顺序效应及其以后

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2016-02-01 DOI: 10.1093/JLA/LAW004

Adam M. Samaha

{"title":"Starting with the Text — On Sequencing Effects in Statutory Interpretation and Beyond","authors":"Adam M. Samaha","doi":"10.1093/JLA/LAW004","DOIUrl":"https://doi.org/10.1093/JLA/LAW004","url":null,"abstract":"What difference do starting points make? The question is important for decision making in general and for law in particular, including the interpretation of statutes. Judges must begin the interpretive process somewhere. Today, Supreme Court opinions sometimes promote the idea of starting with the text of the statute at issue. But what does this mean, in practice, and does it matter to decisions? “Start with the text” could be a signal of allegiance to an interpretive school and an indication that some interpretive tools are more important than or even lexically superior to others. At present, however, the statement delivers neither of those messages well. Instead, we might think about the statement as a rule for sequencing sources. Although the mere sequence in which information is considered does not have any clear logical significance for case results, the idea of starting with statutory text can become almost unnervingly significant — and without adding lexical priority.Decades of studies show that the order in which information is presented can influence decisions, apart from what formal logic dictates. But the direction of order effects can be counterintuitive and sensitive to the decision environment, which suggests complications for a “start with the text” sequencing rule. Depending on several factors, the first item of information will matter most, the last item will matter most, or there will be no order effect. Furthermore, even if order effects are predicted accurately, some psychological mechanisms that produce order effects are normatively problematic for judicial use. Finally, an effective sequencing rule requires an implementation strategy with a foundation far away from standard theorizing about interpretive method. Foregrounding implementation issues and the real world of interpretive architecture suggests that, if judges want to harness order effects, they probably should turn to the most important sources last, not first.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2016-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74865121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Trust, Reputation, and Law: the Evolution of Commitment in Investment Banking 信任、声誉与法律:投资银行承诺的演变

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2015-12-01 DOI: 10.1093/JLA/LAV007

A. Morrison, W. Wilhelm

引用次数: 11

Social Capital and the Formal Legal System: Evidence from Prefecture-Level Data in Japan 社会资本与正式法律制度:来自日本地级数据的证据

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2015-12-01 DOI: 10.1093/JLA/LAV008

John M. Olin, M. Ramseyer

{"title":"Social Capital and the Formal Legal System: Evidence from Prefecture-Level Data in Japan","authors":"John M. Olin, M. Ramseyer","doi":"10.1093/JLA/LAV008","DOIUrl":"https://doi.org/10.1093/JLA/LAV008","url":null,"abstract":"Verifiable proxies for social capital potentially provide an empirically tractable way to identify environments where social norms both constrain behavior and substitute for judicial enforcement. Using regression and factor analysis with Japanese prefecture-level data, I explore several aspects of this possibility. First, I find that people in prefectures with high levels of social capital more readily comply with a range of low-level legal mandates. Second, reflecting the fact that social norms need not point toward government-approved ends, taxpayers in high social-capital prefectures (particularly in the agricultural sector) are more -- not less -- likely to evade taxes. Third, conditional on levels of economic welfare, I find that: (a) firms in prefectures with low levels of social capital are more likely to default on their contracts; (b) residents in low social-capital prefectures are probably (the results are ambiguous) more likely to litigate; (c) creditors of distressed debtors in low social-capital prefectures are more likely to apply in court for enforcement orders, and (d) distressed debtors in low social-capital prefectures are more likely to file in court for bankruptcy protection.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82336192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9

Trade Associations, Lobbying, and Endogenous Institutions 行业协会、游说和内生制度

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2015-12-01 DOI: 10.1093/JLA/LAV009

Maria Larrain, J. Prüfer

引用次数: 10

Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts 超越关系契约:采购契约中的社会资本与网络治理

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2015-12-01 DOI: 10.1093/JLA/LAW001

Lisa E. Bernstein

引用次数: 67

The Medieval Law Merchant: The Tyranny of a Construct 中世纪法律商人:一种建构的暴政

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2015-06-26 DOI: 10.1093/JLA/LAV004

Emily E. Kadens

引用次数: 17

Trademark Functionality Reexamined 商标功能再审

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2015-05-28 DOI: 10.1093/JLA/LAV002

R. Bone

引用次数: 3

The American Criminal Code: General Defenses 美国刑法典:一般辩护

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2015-03-15 DOI: 10.1093/JLA/LAV001

P. Robinson, M. Kussmaul, Camber M. Stoddard, I. Rudyak, A. Kuersten

{"title":"The American Criminal Code: General Defenses","authors":"P. Robinson, M. Kussmaul, Camber M. Stoddard, I. Rudyak, A. Kuersten","doi":"10.1093/JLA/LAV001","DOIUrl":"https://doi.org/10.1093/JLA/LAV001","url":null,"abstract":"There are fifty-two different bodies of criminal law at work in the United States, as diverse as they are many. Each one stakes out seemingly innumerable positions on a range of highly contested issues. So, how is one to know what the “American rule” is on any given matter of criminal law? This article takes the first step towards answering this question by presenting the first installment of the “American Criminal Code.”This article is the result of an exhaustive research project that examined every contested issue relating to the general defenses to criminal liability, including all justification, excuse, and non-exculpatory defenses. With this foundation, the article determines the majority American position among the fifty-two jurisdictions, and formulates statutory language for each defense that reflects the majority American rule in all respects. The article also compares and contrasts the majority position on each issue to all significant minority positions, the Model Penal Code, and the National Commission’s proposed code.Finally, using the results of these analyses, the article compares patterns among the states for issues within the most controversial justification defense, the Defense of Persons, to a wide range of other variables — such as state population, racial characteristics, violent crime rates, and gun ownership — and highlights many interesting correlations. While applying this kind of doctrinal correlation analysis to all of the project’s existing data would be a major undertaking many times larger than the present project, the article illustrates how such analysis can be done, and how interesting the revealed patterns can be.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2015-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75132977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3