Journal of Legal Analysis最新文献_第7页

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":"1991 1","pages":"421-466"},"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

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

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

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":"28 1","pages":"37-150"},"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

Incentives to Invest in Litigation and the Superiority of the Class Action 诉讼投资激励与集体诉讼的优越性

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2014-09-12 DOI: 10.1093/JLA/LAU006

D. Rosenberg, K. Spier

引用次数: 18

Moral Realism and the Heuristics Debate 道德现实主义与启发式辩论

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2013-12-01 DOI: 10.1093/JLA/LAT004

M. Kelman

{"title":"Moral Realism and the Heuristics Debate","authors":"M. Kelman","doi":"10.1093/JLA/LAT004","DOIUrl":"https://doi.org/10.1093/JLA/LAT004","url":null,"abstract":"There has been substantial debate in the legal academy centered on the questions of whether universal moral intuitions exist and, if so, whether these intuitions have a privileged normative status, a debate both reflecting and partly reinterpreting classical jurisprudential debates about the existence of “natural law” and “natural rights.” There is a strong but underappreciated homology between the debates about the nature and quality of intuitive moral reasoning, and debates, associated with the Heuristics and Biases (H&B) school on the one hand and the “Fast and Frugal” (F&F) school on the other, about the nature and quality of our capacity to make self-interested decisions (decisions requiring both factual and a-moral evaluative judgment and decision making ability. There are those in the legal academy, most prominently Cass Sunstein, who accept that people indeed often have strong moral intuitions but believe these predispositions deserve little or no normative deference because the intuitions frequently merely reflect the use of inapt rules of thumb. Others, most prominently John Mikhail, believe people readily make non-reflective moral judgments that we cannot readily explain or justify logically that are grounded in our capacity to process a quite small number of critical features of a decision situation in precisely the way that F&F theorists believe we make most judgments. I explore the degree to which some of the virtues, and, more importantly, most of the problems, in both Sunstein's and Mikhail’s work are the features and shortcomings that have bedeviled the work of each of the schools on heuristic reasoning.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"68 1","pages":"339-397"},"PeriodicalIF":2.2,"publicationDate":"2013-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74522968","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: 6

An Information-Forcing Approach to the Motion to Dismiss 驳回动议的信息强制方法

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2013-12-01 DOI: 10.1093/JLA/LAT002

S. Issacharoff, G. Miller

{"title":"An Information-Forcing Approach to the Motion to Dismiss","authors":"S. Issacharoff, G. Miller","doi":"10.1093/JLA/LAT002","DOIUrl":"https://doi.org/10.1093/JLA/LAT002","url":null,"abstract":"This article proposes a new approach to the 12(b)(6) motion to dismiss. The idea works as follows. Defendant moves to dismiss exactly as under current practice. Plaintiff either responds to the motion, thus submitting the matter for decision, or files an affidavit proposing a plan of targeted discovery. After receiving defendant’s response, the court approves, rejects, or revises the proposed discovery plan. If the judge allows discovery, defendant either withdraws the motion or produces the information. If defendant withdraws the motion, the litigation proceeds in the usual way. If defendant continues the motion the parties engage in targeted discovery. The court then reviews the motion taking account of information which either party brings to the court’s attention, including information produced in discovery. If the court grants the motion, the case is dismissed and plaintiff pays defendant’s reasonable fees and costs associated with the motion and associated discovery. If the court denies the motion, the case continues and defendant pays plaintiff’s reasonable fees and costs. Our proposal would incentivize both parties to reveal information pertinent to the court’s decision. It promises to improve the operation of the motion to dismiss regardless of the substantive standard used to evaluate the sufficiency of the claims for relief.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"67 1","pages":"437-465"},"PeriodicalIF":2.2,"publicationDate":"2013-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84001005","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: 11

Editorial Bias in Legal Academia 法律学界的编辑偏见

IF 2.2 1区社会学

Journal of Legal Analysis Pub Date : 2013-10-01 DOI: 10.1093/JLA/LAT005

Albert H. Yoon

引用次数: 18