Journal of Legal Studies最新文献

{"title":"Governance, Investors Motivations and Foreign Direct Investment Inflow in Selected African Countries: Does John Dunning’s Eclectic Paradigm Matters?","authors":"Felix Aberu","doi":"10.2478/jles-2023-0011","DOIUrl":"https://doi.org/10.2478/jles-2023-0011","url":null,"abstract":"Abstract Over the years, studies have focused on the implications of institutional quality as a key factor of FDI inflows into Africa and how it influences the economic processes of various African countries. However, in the studies on Africa, investors’ motivations as determinants of foreign direct investment inflows into African regions are grossly understudied and yet determined. As a result, there is a need to investigate the impact of FDI inflows on African countries, as well as the implications of home and host country investment phenomena. The study employs ex-post-facto research using panel data obtained from different World Bank publications; world development indicators, and the Transparency Index database from 1997 to 2022. The System Generalized Method of Moments (SGMM) was used to examine the data. The results reveal that governance and investor motivations have a negative impact on each other; the effect of the interacted variables is less than the total of the impacts of governance and investor motivations separately. Therefore, FDI in the selecte3d African countries will decline by 7.5 points for every unit increase in the level of poor governance and investor motivations, and this validates the locational assumption of John Dunning Eclectic Paradigm with the proposition that FDI inflows is a function of the home and host investment phenomena As a result, we recommend that African governments implement Regulatory reform, market reform, complete streets policies, and contingency-based planning that are FDI inflow induced.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"3 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135876644","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}

{"title":"An Overview of Criminal Provisions Responding to Hate Speech in Turkish Law","authors":"Devrim Aydın","doi":"10.2478/jles-2023-0015","DOIUrl":"https://doi.org/10.2478/jles-2023-0015","url":null,"abstract":"Abstract There are several reports and cases that demonstrate the clear increase of hate speech in Turkey through media and especially on social media against some national and religious minorities, asylum seekers, refugees, and LGBTQ. This was also reported by the European Commission which pointed out that there is no effective prosecution of incitement to hatred, including by the media. In addition hate speech is not clearly regulated, expressions that can be considered hate speech are interpreted sometimes through provisions that regulate the crime of defamation against a person or the crime of defamation against a part of people. Although tidy legislation which defines and regulates hate speech through media, the internet and, social media is not yet available in the Turkish Penal Code. Major provisions that can be associated with hate speech are available in the Turkish Penal Code in a scattered manner. There are also related regulations in the law governing internet broadcasting and the law governing radio and television broadcasting. Expressions that can be considered hate speech are, in some cases interpreted through provisions that regulate the crime of defamation against the person. The most important problem pertains to the fact that hate speech and hate crimes have not been prescribed under a single title in Turkish Law.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"2 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135876451","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}

{"title":"Front Matter","authors":"","doi":"10.1086/728402","DOIUrl":"https://doi.org/10.1086/728402","url":null,"abstract":"Next article FreeFront MatterPDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmailPrint SectionsMoreDetailsFiguresReferencesCited by The Journal of Legal Studies Volume 52, Number 2June 2023 Sponsored by The University of Chicago Law School Article DOIhttps://doi.org/10.1086/728402 © 2023 The University of Chicago. All rights reserved.PDF download Crossref reports no articles citing this article.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135194446","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}

{"title":"Measuring the Countermajoritarian Nature of Supreme Court Decisions","authors":"Eugenia Artabe, Alex Badas","doi":"10.1086/724420","DOIUrl":"https://doi.org/10.1086/724420","url":null,"abstract":"The countermajoritarian difficulty is central to constitutional theory. With that in mind, scholars have tested implications of the countermajoritarian difficulty by analyzing whether public opinion influences the Supreme Court, whether the Court is attentive to elected institutions, and whether the Court enacts policy change. The conclusion is that the Court is less countermajoritarian than the theoretical perspective assumes. We move beyond testing implications of the countermajoritarian difficulty by estimating countermajoritarian scores for cases the Court decided between 1946 and 2018. Our results suggests that the Court rarely engages in substantial countermajoritarianism, but a plurality of cases do display it to some degree. We explore this variation and find that the Court is more countermajoritarian when it is more institutionalized and has less ideological diversity. We probe the implications of countermajoritarianism and find that cases that are more countermajoritarian receive more media attention.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135194444","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}

{"title":"Defamation with Bayesian Audiences","authors":"Yonathan Arbel, Murat C. Mungan","doi":"10.1086/722803","DOIUrl":"https://doi.org/10.1086/722803","url":null,"abstract":"How strictly should the law regulate false defamatory statements? We first show that the presence of judicial errors often puts defamation law on a Laffer curve: regulation that is too lax or too strict is inferior to moderate regulation. While moderate regulation is ideal, it is not always attainable because of practical and legal constraints. With these constraints, we consider a Bayesian audience that takes the strictness of defamation law into account when evaluating statements. The optimal standard is then laxer than is prescribed by standard models with naive audiences. These findings underscore the importance of accounting for audience effects in analyzing defamation law.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135194448","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}

{"title":"The Credibility Effect: Defamation Law and Audiences","authors":"Yonathan A. Arbel","doi":"10.1086/724220","DOIUrl":"https://doi.org/10.1086/724220","url":null,"abstract":"What should be the legal response to false statements? In the context of defamation law, courts try to set a standard that balances the interests of speakers and their potential targets. This article empirically demonstrates an unappreciated effect of such decisions on third parties: a credibility effect. Using a series of lab experiments, I find that defamation law makes individuals more trusting of reports from various media. This credibility effect is desirable when the report is true but can lead to unintended consequences in the case of misinformation. In particular, the credibility effect is shown to cast a stigma on innocent targets who choose not to file lawsuits. The existence of the credibility effect calls for different balances than are currently employed in defamation law; challenges the vindication justification; and, more broadly, illustrates the limits of policies intended to fight misinformation.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135219665","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}

{"title":"Misprioritized Information: A Theory of Manipulation","authors":"Oren Bar-Gill, Omri Ben-Shahar","doi":"10.1086/722804","DOIUrl":"https://doi.org/10.1086/722804","url":null,"abstract":"This paper lays a foundation for a new theory of manipulation based on the misprioritization of (truthful) information. Since consumers review only a subset of all available information, firms can harm consumers by prioritizing information that maximizes firms’ profits but has a smaller impact on the utility that consumers stand to gain from the purchase. Moreover, the distortions due to misprioritized information can arise not only from firms’ boastful disclosures but also from the warnings and disclosures mandated by lawmakers. This paper identifies the product and market characteristics that determine the optimal prioritization of information and, correspondingly, the incidence of harm when the wrong information is prioritized for disclosure—either voluntarily by sellers or by legal mandate. It provides a framework for optimal legal intervention.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135194447","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}

{"title":"A New Theory of Impossibility, Impracticability, and Frustration","authors":"Yehonatan Givati, Yotam Kaplan","doi":"10.1086/722902","DOIUrl":"https://doi.org/10.1086/722902","url":null,"abstract":"Contract law offers three closely related excuse doctrines: impossibility, commercial impracticability, and frustration of purpose. These doctrines, which allow courts to release parties from their contractual obligations under extreme and unforeseeable circumstances, were central to contract disputes in the aftermath of the COVID-19 pandemic. Yet despite their importance, and despite decades of scholarly attention, these doctrines remain a puzzle, widely considered difficult to explain and justify. Existing economic theory sees contractual excuse doctrines as a risk-allocation mechanism; although highly influential, this standard theory leaves many questions unanswered. We offer a simple economic model explaining contractual excuse doctrines by focusing on avoidance investments, that is, investments by contractual parties designed to escape their obligations and wriggle their way out of their contracts. We show that the proposed model offers a straightforward explanation for contractual excuse doctrines, illustrating their underlying logic and accounting for the key patterns observed in courts’ decisions.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"257 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135194449","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}

{"title":"Are Lawyers’ Case Selection Decisions Biased? A Field Experiment on Access to Justice","authors":"Jens Frankenreiter, Michael A. Livermore","doi":"10.1086/723282","DOIUrl":"https://doi.org/10.1086/723282","url":null,"abstract":"The attorney-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how demographic information (encoded in potential clients’ names) affects how attorneys respond to initial inquiries in private injury cases. On the basis of prior literature, we hypothesize that race is a significant factor, but we also explore race and gender interactions. We find that ostensibly Black or Hispanic inquirers receive fewer responses than ostensibly White inquirers, a result largely driven by preferential treatment of White female inquirers. The racial disparities are larger than those previously documented in contexts such as public services but smaller than in contexts such as employment. We also find suggestive evidence that White attorneys are more likely than others to treat White inquirers preferentially, which implies that the differences in response rates are not merely a reaction to jurisdiction-level factors affecting lawsuits’ expected payoffs.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135194450","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}

{"title":"Innovative School Leadership Aspects","authors":"Khatuna Nebieridze","doi":"10.2478/jles-2023-0002","DOIUrl":"https://doi.org/10.2478/jles-2023-0002","url":null,"abstract":"Abstract This study examines the managerial role of five school principals in Tbilisi in sustaining success and innovation. It describes the management and leadership practices of five school principals, who are considered to be innovative, well-managed, with excellent academic results, and highlights the principals’ own contributions for school innovation and success. The study used the case study method based on the qualitative research method. At each school, opinions on school governance were gathered through individual interviews with the school principal, representatives of local resource centers, and other members of the school board. students and members of the school community. This study provides insight into organizational culture and school changes, as well as the principal role of principals in creating and managing a successful and innovative school. The study uses stakeholder perspectives on school leadership and school performance to provide us with insight into school management in each case, as well as draw attention to differences and similarities between different cases. The research findings highlight the importance of principals’ life experiences in determining their management style and values. Innovative principals identify five common aspects of leadership and related behaviors that characterize their leadership style and underpin the success of their schools. Furthermore, innovation schools have common characteristics. A map of how the principal’s management style and school innovation and success, life experience, five managerial aspects and corresponding behaviors, and other elements of school success are related to innovative aspects of management and leadership has been developed. Realizing what works in successful and innovative schools is the preliminary step in determining how to direct the practice of such schools to those parts of the school that require this experience. The current study demonstrates an innovative management style, demonstrating that some principals are very successful in creating an innovative culture, including behavioral patterns that can be learned and used by people aspiring to innovative and successful school management.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"43 1","pages":"17 - 37"},"PeriodicalIF":1.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76645474","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}