International Review of Law and Economics最新文献_第3页

Competition and the two margins of privacy 竞争与隐私的两个边缘

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2025-09-01 Epub Date: 2025-04-11 DOI: 10.1016/j.irle.2025.106262

David Bounie , Antoine Dubus , Patrick Waelbroeck

引用次数: 0

Conflict and property law: The hidden costs of takings and of liability rule protection 冲突与财产法：征收与责任规则保护的隐性成本

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2025-09-01 Epub Date: 2025-06-07 DOI: 10.1016/j.irle.2025.106280

Sergio Mittlaender

引用次数: 0

Has the European Takeover Bids Directive reached its objectives? The cases of Finland, Germany and Spain 《欧洲收购投标指令》达到其目标了吗？芬兰、德国和西班牙的案例

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2025-09-01 Epub Date: 2025-04-09 DOI: 10.1016/j.irle.2025.106269

Nuria Alcalde-Fradejas , Inés Pérez-Soba

{"title":"Has the European Takeover Bids Directive reached its objectives? The cases of Finland, Germany and Spain","authors":"Nuria Alcalde-Fradejas , Inés Pérez-Soba","doi":"10.1016/j.irle.2025.106269","DOIUrl":"10.1016/j.irle.2025.106269","url":null,"abstract":"<div><div>Inspired in the common law tradition, the European Takeover Bids Directive (TBD) aimed to promote an efficient market for corporate control in Europe by facilitating competition among acquirers in EU economies while protecting the rights of minority shareholders of listed companies. After more than 15 years from its transposition into European national regulations, in this paper we investigate whether the main objectives of the Directive have been achieved in three European countries representing the three legal families included under the Civil law regime: Spain, as a country belonging to the French Civil law tradition, Finland, which belongs to the Nordic law tradition and, finally, Germany as a country representing Germanic Civil law tradition. To perform an in-depth analysis, we did not use a sample of takeovers, but a hand-collected database covering all takeovers launched in Finland and Spain over the period 2000–2019, and in Germany over 2002–2019. The results obtained in our analysis lead us to be sceptical about the clear achievement of the objectives intended by the Directive in the three countries analysed. Although more openness to European bidders seems to have been reached in Spain and Finland, there is no evidence of an increase in intra-European cross border takeovers following the TBD’s transposition in any of the countries analysed. Moreover, the premiums paid to minority shareholders (proxy for their higher protection) have remained unchanged in Germany and have been reduced in Spain and Finland.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"83 ","pages":"Article 106269"},"PeriodicalIF":0.9,"publicationDate":"2025-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143874217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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: 0

Clearance rates and disposition times: Not the whole story of judicial efficiency 清案率和处置时间：并不是司法效率的全部

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2025-09-01 Epub Date: 2025-06-13 DOI: 10.1016/j.irle.2025.106283

Miguel Alves Pereira

{"title":"Clearance rates and disposition times: Not the whole story of judicial efficiency","authors":"Miguel Alves Pereira","doi":"10.1016/j.irle.2025.106283","DOIUrl":"10.1016/j.irle.2025.106283","url":null,"abstract":"<div><div>Judicial efficiency is often measured through clearance rate (CR) and disposition time (DT), yet these traditional metrics fail to capture the complexity of resource utilisation in courts. This study critiques the widespread reliance on CR and DT, arguing that they provide an incomplete and potentially misleading picture of judicial efficiency. Using Data Envelopment Analysis (DEA), a non-parametric method designed to measure resource-based efficiency, this research analyses courts across Europe’s three-tier judicial hierarchy. The findings reveal significant shortcomings in CR and DT, including weak or negative correlations with DEA efficiency scores, particularly at the Supreme Court level, where these metrics neglect the intricacies of resource management and case complexity. DEA, by accounting for multiple inputs (e.g., judges, staff, budgets) and outputs (resolved and pending cases), offers a more nuanced framework for measuring efficiency. The analysis highlights inefficiencies hidden behind high CRs and low DTs, suggesting that resource misallocation is a key issue. Furthermore, prioritising efficiency improvements in first-instance courts, where resource bottlenecks are most acute, could generate cascading benefits throughout the judiciary. This study provides empirical evidence for the inadequacy of traditional metrics and advocates for a paradigm shift towards comprehensive tools like DEA to measure judicial efficiency. By moving beyond simplistic case throughput measures, policymakers can design targeted reforms that ensure both the equitable delivery of justice and the sustainable management of judicial resources. The results underscore the urgency of rethinking how justice is measured and understood in modern judicial systems.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"83 ","pages":"Article 106283"},"PeriodicalIF":0.9,"publicationDate":"2025-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144306317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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: 0

Do Chinese courts apply the “Hand Formula”: Empirical evidence from cases related to the duty of safety protection 中国法院是否适用“汉德公式”：安全保护义务相关案件的经验证据

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2025-09-01 Epub Date: 2025-06-06 DOI: 10.1016/j.irle.2025.106279

Haoyi Zhang

引用次数: 0

Notice-and-takedown as dispute resolution: An empirical analysis of GitHub notices 通知-撤下作为争议解决：对GitHub通知的实证分析

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2025-09-01 Epub Date: 2025-06-27 DOI: 10.1016/j.irle.2025.106281

Pengfei Zhang, Ji Li

{"title":"Notice-and-takedown as dispute resolution: An empirical analysis of GitHub notices","authors":"Pengfei Zhang, Ji Li","doi":"10.1016/j.irle.2025.106281","DOIUrl":"10.1016/j.irle.2025.106281","url":null,"abstract":"<div><div>The Section 512(c) notice-and-takedown regime is a primary mechanism that enforces online copyright in the U.S. The objective is to enable the disputants to settle on their own, but asymmetric information can lead to claimant abuse and bargaining impasse, as critics of Section 512 have pointed out. This paper studies the dispute resolution aspect of the notice-and-takedown. We evaluate two platform remedies (chance-to-change policy and revise-and-resubmit policy) and the recent trend of professionalization in the context of GitHub. We collect a novel sample of 4,684 takedown notices from GitHub and use it to empirically test the disputants’ settlement behavior. Our estimates show that the chance-to-change policy is associated with a higher settlement rate, whereas the revise-and-resubmit policy has little effect. The results are consistent with a signaling theory between the copyright owner and the infringer. To address the potential selection effects of GitHub, we apply text analysis to quantify and control latent attributes of the notices, including writing styles and informativeness, in addition to more substantive features. We also discuss the role of expert representatives and certain textual characteristics that appear influential in the dispute resolution process.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"83 ","pages":"Article 106281"},"PeriodicalIF":0.9,"publicationDate":"2025-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144490902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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: 0

“Platform Holdup” and Platform Regulation “平台堵塞”和平台监管

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2025-09-01 Epub Date: 2025-04-17 DOI: 10.1016/j.irle.2025.106266

Jinglei Huang , Danxia Xie

引用次数: 0

The role of the regulatory framework in enhancing SMEs’ digital transformation 监管框架在促进中小企业数字化转型中的作用

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2025-09-01 Epub Date: 2025-04-02 DOI: 10.1016/j.irle.2025.106263

Marianna Succurro , Cristiana Donati

{"title":"The role of the regulatory framework in enhancing SMEs’ digital transformation","authors":"Marianna Succurro , Cristiana Donati","doi":"10.1016/j.irle.2025.106263","DOIUrl":"10.1016/j.irle.2025.106263","url":null,"abstract":"<div><div>This paper aims at exploring the current process of SMEs’ digital transformation in order to contribute to effective policy development. We first provide a definition of firms’ digital transformation and then investigate its fundamental determinants, so responding to the call for further research and more comprehensive understandings of the digital transformation process. The objective is to verify the impact of the regulatory environment on digital transformation of SMEs. The empirical analysis, based on data taken from the Flash Eurobarometer Survey of the European Commission, shows that the regulatory framework is strongly significant in explaining firms’ digital transformation. Specifically, SMEs’ awareness of the regulatory context and anticipated digital standards: 1) expedites their process of digital transformation; 2) positively moderates the relationship between any strategic plan and their digital transformation; 3) generates a relatively greater impact on the digital transformation of firms mainly involved in the adoption of more advanced digital technologies. Some policy implications conclude the work.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"83 ","pages":"Article 106263"},"PeriodicalIF":0.9,"publicationDate":"2025-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143776346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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

And the law relaxed the rules – A quasi-experimental study of fatal police shootings in Europe 法律放宽了规定——一项关于欧洲警察致命枪击事件的准实验研究

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2025-09-01 Epub Date: 2025-06-02 DOI: 10.1016/j.irle.2025.106282

Sebastian Roché , Simon Varaine , Paul Le Derff

{"title":"And the law relaxed the rules – A quasi-experimental study of fatal police shootings in Europe","authors":"Sebastian Roché , Simon Varaine , Paul Le Derff","doi":"10.1016/j.irle.2025.106282","DOIUrl":"10.1016/j.irle.2025.106282","url":null,"abstract":"<div><div>Can the behavior of civil servants with a large autonomy, the police, be regulated by law? In the case of the use of deadly force, the subject remains understudied in Europe. A 2017 law in France relaxed restrictions and allowed for the first time the national police to use weapons beyond self-defense. This quasi-experimental study examines the impact that this regulatory change, used as an exogenous shock, has had on the number of deaths of occupants of vehicles. The monthly number of killings has significantly increased for the national police (experimental group), who are directly affected by the new regulation, but not other forces unaffected by the regulation such as the French gendarmerie, a military status force (control group 1), and other police forces of two neighboring states (Germany, Belgium, control group 2 and 3). The findings hold after controlling for the variations in level of violence in society, and police exposure to and death in dangerous traffic violations during the study period. When using more conservative specifications, the observed increase in lethal shootings does not reach statistical significance due to a lack of statistical power related to the rarity of police lethal shootings in the European context. We recommend that national regulations governing the use of weapons by police more clearly and unambiguously embed the notions of proportionality and absolute necessity.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"83 ","pages":"Article 106282"},"PeriodicalIF":0.9,"publicationDate":"2025-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144263088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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: 0

Vertical interoperability in mobile ecosystems: Will the DMA deliver (what competition law could not)? 移动生态系统中的垂直互操作性：DMA能否实现（竞争法无法实现的）？

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2025-09-01 Epub Date: 2025-03-27 DOI: 10.1016/j.irle.2025.106267

Giuseppe Colangelo , Alba Ribera Martínez

引用次数: 0