Journal of Empirical Legal Studies最新文献_第10页

Does judicial foreclosure procedure help delinquent subprime mortgage borrowers? 司法止赎程序是否有助于拖欠次级抵押贷款的借款人?

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2022-04-30 DOI: 10.1111/jels.12314

Aidong Adam Ding, Shaonan Tian, Yan Yu, Xinlei Zhao

{"title":"Does judicial foreclosure procedure help delinquent subprime mortgage borrowers?","authors":"Aidong Adam Ding, Shaonan Tian, Yan Yu, Xinlei Zhao","doi":"10.1111/jels.12314","DOIUrl":"10.1111/jels.12314","url":null,"abstract":"We conduct comprehensive analyses on whether and how the judicial foreclosure procedure helps subprime mortgage borrowers to reinstate their delinquent loans outside foreclosure liquidation. Even though the transition rates of various exit types are all higher in non-judicial states, we argue such higher rates can be mechanically driven by the faster shrinking pool of delinquent mortgages in non-judicial states over time. Based on the cumulative proportions of various exit types during a period of up to 5 years post the mortgage first become 90 days past due, we find that judicial states offer more opportunities for delinquent borrowers to reinstate their loans outside foreclosure liquidation, especially during a housing market downturn. Cures, modifications, and paid-offs were all important alternative ways to resolve serious delinquencies during 2007–2008. After modifications became widely available in 2009, loan modifications became the most important alternative for subprime borrowers to reinstate their delinquent mortgages outside foreclosure liquidation. The lion's share of the judicial foreclosure benefit shows up after the start of the foreclosure process.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"19 2","pages":"382-422"},"PeriodicalIF":1.7,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12314","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45050934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Framing negligence 框架的疏忽

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2022-04-28 DOI: 10.1111/jels.12315

Shoham Choshen-Hillel, Ehud Guttel, Alon Harel

{"title":"Framing negligence","authors":"Shoham Choshen-Hillel, Ehud Guttel, Alon Harel","doi":"10.1111/jels.12315","DOIUrl":"https://doi.org/10.1111/jels.12315","url":null,"abstract":"This article uncovers the role of framing in the determination of negligence. Negligence disputes fall into two categories: cases in which injurers inflicted harm while seeking to avoid a loss to themselves (loss frame) and those in which they were seeking to obtain a personal gain (gain frame). We develop a theoretical framework whereby the frame of the injurer's behavior shapes negligence determinations in two ways. First, people are less likely to find an injurer negligent in a loss than in a gain frame. This is because, due to loss aversion, they find behavior more reasonable if done to avoid a loss than to obtain a gain. Second, people accord greater weight to the efficiency of the injurer's behavior in a loss frame than in a gain frame. This is because a comparison between the victim's harm and the injurer's benefit is more salient when both parties face a loss (loss frame). A series of experiments supported both hypotheses as well as the underlying mechanism. We discuss the implications of our findings and suggest that they may relate to the seemingly inconsistent case law on the role of efficiency considerations in negligence cases.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"19 2","pages":"296-339"},"PeriodicalIF":1.7,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12315","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"137562969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Intensified support for juvenile offenders on probation: Evidence from Germany 加强对缓刑少年犯的支持:来自德国的证据

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2022-04-19 DOI: 10.1111/jels.12311

Christoph Engel, Sebastian J. Goerg, Christian Traxler

引用次数: 2

Appellate court assignments as a natural experiment: Gender panel effects in sex discrimination cases 作为自然实验的上诉法庭分配:性别歧视案件中的性别专家组效应

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2022-04-13 DOI: 10.1111/jels.12312

Robert S. Erikson

引用次数: 0

Introducing twin corpora of decisions for the International Court of Justice (ICJ) and the Permanent Court of International Justice (PCIJ) 为国际法院(ICJ)和国际常设法院(PCIJ)引入双决定语料库

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2022-04-13 DOI: 10.1111/jels.12313

Seán Fobbe

{"title":"Introducing twin corpora of decisions for the International Court of Justice (ICJ) and the Permanent Court of International Justice (PCIJ)","authors":"Seán Fobbe","doi":"10.1111/jels.12313","DOIUrl":"10.1111/jels.12313","url":null,"abstract":"In this article I present the first two of a new series of open and high-quality international legal data sets: comprehensive, fully reproducible, human- and machine-readable open access collections covering one hundred years of case law of the primary judicial organs of the United Nations and the League of Nations: the Corpus of Decisions: International Court of Justice (CD-ICJ) and the Corpus of Decisions: Permanent Court of International Justice (CD-PCIJ). Each corpus is designed to capture in its entirety the published case law of its eponymous Court, including majority opinions (judgments, advisory opinions and orders), but also the minority opinions annexed to each decision (declarations, separate opinions and dissenting opinions). The corpora are enriched with useful metadata to enhance text-as-data research and enable stand-alone metadata analyses. While each corpus can stand on its own, the twin corpora are designed to be perfectly interoperable for the purposes of analyses that wish to treat the ICJ and PCIJ as a continuous entity. The most recent versions of the corpora will always be available open access at https://doi.org/10.5281/zenodo.3826444 (CD-ICJ) and https://doi.org/10.5281/zenodo.3840479 (CD-PCIJ).","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"19 2","pages":"491-524"},"PeriodicalIF":1.7,"publicationDate":"2022-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12313","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48612970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

U.S. Copyright Termination Notices 1977–2020: Introducing New Datasets 美国版权终止声明1977-2020:引入新的数据集

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2022-02-27 DOI: 10.1111/jels.12310

Joshua Yuvaraj, Rebecca Giblin, Daniel Russo-Batterham, Genevieve Grant

{"title":"U.S. Copyright Termination Notices 1977–2020: Introducing New Datasets","authors":"Joshua Yuvaraj, Rebecca Giblin, Daniel Russo-Batterham, Genevieve Grant","doi":"10.1111/jels.12310","DOIUrl":"10.1111/jels.12310","url":null,"abstract":"Copyright termination laws in the United States allow creators to end their copyright assignments and licences after various time periods and regain their rights. These laws are designed to protect authors and their heirs by giving them a second opportunity to profit from their works, where they might have assigned them initially for relatively little. Similar laws are in force and being recommended for implementation around the world. However, there is little data on how these laws are being used. Such data is vital because it provides insights into the pros and cons of different systems. We fill this gap by providing the first large-scale study of copyright termination notice records from the U.S. Copyright Office. Utilising data scraping and manipulation techniques in the Python programming language, we have created two brand new datasets for scholars, copyright experts, creators, publishers, and other industry stakeholders to examine. In our accompanying paper, we document some preliminary trends from the data and how it might be used for further analysis.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"19 1","pages":"250-292"},"PeriodicalIF":1.7,"publicationDate":"2022-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12310","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43094642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Powerful CEOs and Corporate Governance 强势ceo与公司治理

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2022-02-06 DOI: 10.1111/jels.12305

Mark Humphery-Jenner, Emdad Islam, Lubna Rahman, Jo-Ann Suchard

引用次数: 3

Currency Mismatches and Public Debt Management: What is Effective Strategy for Developing Country? 货币错配与公共债务管理:发展中国家的有效策略是什么?

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2022-02-04 DOI: 10.18488/66.v9i1.2917

Scott Regifere Mouandat

引用次数: 1

Transnational Litigation in U.S. Courts: A Theoretical and Empirical Reassessment 美国法院的跨国诉讼:理论与实证的再评估

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2022-02-03 DOI: 10.1111/jels.12306

Christopher A. Whytock

{"title":"Transnational Litigation in U.S. Courts: A Theoretical and Empirical Reassessment","authors":"Christopher A. Whytock","doi":"10.1111/jels.12306","DOIUrl":"10.1111/jels.12306","url":null,"abstract":"It is widely claimed that the level of transnational litigation in U.S. courts is high and increasing, primarily due to forum shopping by foreign plaintiffs. This “transnational forum shopping claim” reflects the conventional wisdom among transnational litigation scholars. Lawyers use the claim in briefs; judges use it in court opinions; and interest groups use it to promote law reform. This article reassesses the transnational forum shopping claim theoretically and empirically. It argues that despite globalization, there are reasons to doubt the claim. Changes in procedural and substantive law have made the U.S. legal system less attractive to plaintiffs than it supposedly once was. Meanwhile, other legal systems have been adopting features similar to those that are said to have made the United States a “magnet forum” for foreign plaintiffs, and arbitration is growing as an alternative to transnational litigation. Empirically, using data on approximately 8 million civil actions filed in the U.S. district courts since 1988, the article shows that transnational diversity cases represent only a small portion of overall litigation, their level has decreased overall, and U.S., not foreign, plaintiffs file most of them. The data also reveal that federal question filings by foreign resident plaintiffs are not extensive or increasing either. These findings challenge the transnational forum shopping claim and law reforms based on it, and suggest that it should no longer be used by lawyers, judges, and scholars—at least not without supporting data. The article’s analysis also suggests new directions for transnational litigation as a field of scholarship that would move it beyond its current focus on U.S. courts toward a focus on understanding the dynamics of transnational litigation in global context.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"19 1","pages":"4-59"},"PeriodicalIF":1.7,"publicationDate":"2022-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12306","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42381450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Does Group Familiarity Improve Deliberations in Judicial Teams? Evidence from the German Federal Court of Justice 群体熟悉是否能提高司法团队的审议效率?证据来自德国联邦法院

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2022-02-03 DOI: 10.1111/jels.12308

Tilko Swalve

引用次数: 3