International Review of Law and Economics最新文献_第4页

An inspector calls: On the optimality of warning firms about ongoing inspections in antitrust policy 一名检查员呼吁：在反垄断政策中警告公司正在进行的检查的最优性

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2024-12-28 DOI: 10.1016/j.irle.2024.106244

María C. Avramovich

引用次数: 0

Norms as obligations 作为义务的规范

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2024-11-26 DOI: 10.1016/j.irle.2024.106235

Leonard Hoeft , Michael Kurschilgen , Wladislaw Mill

引用次数: 0

Case law in European merger control 欧洲兼并控制判例法

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2024-11-16 DOI: 10.1016/j.irle.2024.106236

Johan Callermo

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Estimating the effect of concealed carry laws on murder: A response to Bondy, et al. 估计隐蔽携带枪支法对谋杀案的影响：对邦迪等人的回应

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2024-11-13 DOI: 10.1016/j.irle.2024.106234

Carlisle Moody , John R. Lott

{"title":"Estimating the effect of concealed carry laws on murder: A response to Bondy, et al.","authors":"Carlisle Moody , John R. Lott","doi":"10.1016/j.irle.2024.106234","DOIUrl":"10.1016/j.irle.2024.106234","url":null,"abstract":"<div><div>In 2021 we wrote a short paper noting that truncating the sample when estimating the effect of right to carry laws on crime could be biased by comparisons to states that already adopted the law, instead of states without the law. In 2023 Bondy et al. criticized our paper but inaccurately described what we did and provided selective and misleading results. More importantly, they completely missed the point of our analysis, namely that applying two-way fixed effects to a truncated sample, say 1991–2018, biases the resulting RTC coefficient by invalidly comparing newly treated states to 11 previously treated states. The bias is so large that even if the true coefficient on the right-to-carry dummy is negative, the estimated coefficient could be positive. These biased results can be corrected by using new DID estimators, that do not make invalid comparisons, and which are robust to time and state heterogeneity. Using these new estimators, we find that RTC laws do not significantly increase violent crime. We find evidence that RTC laws significantly reduce murder and that constitutional carry laws significantly reduce rape.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106234"},"PeriodicalIF":0.9,"publicationDate":"2024-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142653074","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

The broken-windows theory of crime: A Bayesian approach 破窗犯罪理论：贝叶斯方法

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2024-10-28 DOI: 10.1016/j.irle.2024.106233

Thomas J. Miceli, Kathleen Segerson

引用次数: 0

Workload, legal doctrine, and judicial review in an authoritarian regime: A study of expropriation judgments in China 专制制度下的工作量、法律理论和司法审查：中国征用判决研究

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2024-10-26 DOI: 10.1016/j.irle.2024.106232

Chaoqun Zhan , Shitong Qiao

{"title":"Workload, legal doctrine, and judicial review in an authoritarian regime: A study of expropriation judgments in China","authors":"Chaoqun Zhan , Shitong Qiao","doi":"10.1016/j.irle.2024.106232","DOIUrl":"10.1016/j.irle.2024.106232","url":null,"abstract":"<div><div>This paper contributes one of the first systematic studies on how courts adjudicate expropriation disputes both in the absence of judicial independence and in the face of resource constraints, extends the study of judicial workload into an authoritarian context, and demonstrates the complicated and dynamic interactions between apolitical and political aspects of courts in authoritarian regimes. Our results demonstrate that legal doctrine can check the abuse of government power even in situations where it is least expected. Specifically, we examined how Chinese courts, faced with an explosive increase in workload caused by a legal reform in 2015, adjudicated expropriation disputes between the government and property rights holders. Employing a difference-in-differences method, we found that an increased judicial workload improved the chances of property rights holders winning their cases against the government. We discovered that judges’ use of hard-edged legal doctrine—administrative procedures, in particular—to save time constrained judicial discretion, which is prone to arbitrary political influence in authoritarian regimes.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106232"},"PeriodicalIF":0.9,"publicationDate":"2024-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142653075","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

Illicit enrichment in Germany: An evaluation of the reformed asset recovery regime's ability to confiscate proceeds of crime 德国的非法致富：评估改革后的资产追回制度没收犯罪所得的能力

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2024-09-14 DOI: 10.1016/j.irle.2024.106230

Cornelia Körtl, Imad Chbib

{"title":"Illicit enrichment in Germany: An evaluation of the reformed asset recovery regime's ability to confiscate proceeds of crime","authors":"Cornelia Körtl, Imad Chbib","doi":"10.1016/j.irle.2024.106230","DOIUrl":"10.1016/j.irle.2024.106230","url":null,"abstract":"<div><p>This study examines the effectiveness of Germany's reformed asset recovery regime, which was implemented in 2017, in terms of its ability to confiscate proceeds of crime and whether it qualifies as illicit enrichment legislation. The research utilizes Dornbierer's (2021) definition of illicit enrichment to evaluate the reformed asset recovery law and analyses trends in asset recovery by reviewing data on assets seized and confiscated since 2017. Additionally, the study compares the reformed asset recovery regime to its predecessor to determine whether weaknesses that reduced the effectiveness of the previous framework to confiscate PoC have been addressed, while also evaluating the reformed regime for any potential weaknesses that may hinder its ability to confiscate proceeds of crime. The study concludes that while the reformed regime introduces some elements of illicit enrichment, it does not satisfy the criteria for illicit enrichment legislation. Nonetheless, the reformed regime is more effective in confiscating proceeds of crime, as evidenced by the high value of assets seized since the reform was implemented. Additionally, most of the weaknesses that existed in the previous system have been resolved. However, the research highlights the remaining challenges regarding the confiscation of proceeds implicated in ML, fraud, and corruption, as well as profits from non-criminal offenses. Future studies could explore whether the increased confiscation of assets leads to a decrease in profit-driven crime.</p></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106230"},"PeriodicalIF":0.9,"publicationDate":"2024-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0144818824000504/pdfft?md5=b1a15c15d6d4520b3ec0e687f248e681&pid=1-s2.0-S0144818824000504-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142272115","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

On the strategic choice of overconfident lawyers 关于过于自信的律师的战略选择

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2024-09-12 DOI: 10.1016/j.irle.2024.106231

Tim Friehe , Cat Lam Pham , Simon Xemaire

{"title":"On the strategic choice of overconfident lawyers","authors":"Tim Friehe , Cat Lam Pham , Simon Xemaire","doi":"10.1016/j.irle.2024.106231","DOIUrl":"10.1016/j.irle.2024.106231","url":null,"abstract":"<div><p>This paper analyzes how the plaintiff selects her lawyer based on lawyers’ confidence in their trial-effort productivity. The plaintiff’s lawyer works on a contingent fee and makes litigation decisions on the plaintiff’s behalf. When the lawyer’s preferences are decisive at both the settlement and the trial stage, the plaintiff must anticipate that a more confident lawyer evaluates settlement compared to trial differently and implies different equilibrium trial effort levels. When the lawyer implements the plaintiff’s ideal settlement demand, only the influence of the confidence level on trial effort levels is relevant. In both cases, the plaintiff prefers an <em>overconfident</em> lawyer but would be harmed by <em>excessive</em> overconfidence. In many circumstances, the optimal confidence level maximizes the plaintiff’s trial payoff. However, when the lawyer’s preferences are decisive at both the settlement and trial stage, the plaintiff may choose an even more confident lawyer to raise the settlement level her lawyer demands from the defendant.</p></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106231"},"PeriodicalIF":0.9,"publicationDate":"2024-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0144818824000516/pdfft?md5=95492fe750bb30a2275d19a70cc39bc7&pid=1-s2.0-S0144818824000516-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142228626","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

Judiciary-driven finance: Quasi-experimental evidence from specialized financial adjudication institutions in China 司法驱动的金融：来自中国金融审判专门机构的准实验证据

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2024-09-04 DOI: 10.1016/j.irle.2024.106227

Kangyun Bao , Shenghua Lu

{"title":"Judiciary-driven finance: Quasi-experimental evidence from specialized financial adjudication institutions in China","authors":"Kangyun Bao , Shenghua Lu","doi":"10.1016/j.irle.2024.106227","DOIUrl":"10.1016/j.irle.2024.106227","url":null,"abstract":"<div><p>The \"law and finance\" paradigm posits that legal institutions play a crucial role in financial development; however, China has long been considered an exception. This study challenges that assumption by examining how improvements in the judiciary affect financial development in China. Using a quasi-natural experiment (i.e., staggered difference-in-difference estimation) over a twenty-year period, we find that the establishment of specialized financial adjudication institutions (i.e., financial courts and tribunals) in certain prefecture-level cities significantly reduces financing constraints for local listed companies. Further heterogeneity tests show that these effects are more pronounced among private enterprises, small and medium-sized enterprises, and companies in the central and western regions. Through the analysis of representative practices and interviews with relevant judges and enterprises, we find that China's financial judiciary demonstrates efficiency and proactiveness. Additionally, political considerations enable courts to regulate finance and maintain stability, improving the local financial legal environments and reducing transaction costs for market participants. By investigating the causal relationship between judicial reforms and financial development, our findings provide new insights into the \"law and finance\" theory and offer policy implications for addressing financial development gaps and promoting financial inclusion in emerging markets.</p></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106227"},"PeriodicalIF":0.9,"publicationDate":"2024-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0144818824000474/pdfft?md5=d562f1c3697f23a806d039440ec91876&pid=1-s2.0-S0144818824000474-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142163363","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

Mandatory disclosure of open-ended real estate fund shares that are registered for redemption? 强制披露登记赎回的开放式房地产基金份额？

IF 0.9 3区社会学

International Review of Law and Economics Pub Date : 2024-09-04 DOI: 10.1016/j.irle.2024.106229

Thomas Kaspereit

{"title":"Mandatory disclosure of open-ended real estate fund shares that are registered for redemption?","authors":"Thomas Kaspereit","doi":"10.1016/j.irle.2024.106229","DOIUrl":"10.1016/j.irle.2024.106229","url":null,"abstract":"<div><div>Open-ended funds that invest in long-term assets face constant liquidity transformation risk, which can lead to financial instability. German lawmakers have responded to the liquidity crisis of open-ended real estate funds by introducing mandatory minimum holding and notice periods of 24 and 12 months, respectively. Since the new regulations were enacted in July 2013, the management companies of German open-ended real estate funds have received detailed information on the expected cash outflows from share redemptions. This article explores the question of whether the number of shares registered for redemption should be disclosed. A teleological analysis of German fund accounting law and regulation reveals a mismatch between the current nondisclosure and the stated objective to provide decision-useful information. However, a trade-off must be made between investors’ need for information and the risk of self-reinforcing panic effects, which is investigated using agent-based modeling. Parameterizing the model with historical fund data shows that disclosure would increase the probability of a redemption suspension but that such suspensions would occur timelier; thus, fewer investors would be trapped in a fund that has to suspend the redemption of shares. In addition, such disclosure would shift not only risk from uninformed, life-cycle, saving investors to sophisticated investors but also investment returns from sophisticated investors to saving investors. Such disclosure would thus constitute the opposite of what Georgakopoulos (1996, 2017) calls a disclosure subsidy for informed traders, i.e., a disclosure subsidy for uninformed investors that is borne by informed investors. However, the model in this article is distinguishable from the one outlined in Georgakopoulos (1996, 2017) because it does not model noise traders. The framework provided in this article is also relevant to the legislature in the United Kingdom and its recently created fund category of long-term asset funds.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106229"},"PeriodicalIF":0.9,"publicationDate":"2024-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142426323","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