2024-03-29T07:07:51Z
https://mpra.ub.uni-muenchen.de/cgi/oai2
oai:mpra.ub.uni-muenchen.de:1148
2019-10-02T04:41:10Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3432
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/1148/
Detection avoidance and deterrence: some paradoxical arithmetics
Langlais, Eric
K42 - Illegal Behavior and the Enforcement of Law
K40 - General
This paper extends Malik's (1990) analysis to the case where criminals'
avoidance efforts and public expenditures in the detection of criminals are
strategic complements in the aggregate technology of control of illegal
behaviours. In this set up, we show that whenever criminals' avoidance
efforts are more sensitive to the frequency than to the severity of
sanctions, it is always socially efficient to set the fine at the maximal
possible level. However, several paradoxical consequences occur: there may
exist overdeterrence at optimum; more repressive policies lead to less
arrestations of offenders while more crimes may be committed; at the same
time, the society may be closer to the first best number of crimes.
2006-03
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/1148/1/MPRA_paper_1148.pdf
Langlais, Eric (2006): Detection avoidance and deterrence: some paradoxical arithmetics.
en
oai:mpra.ub.uni-muenchen.de:1149
2019-10-01T21:00:43Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3432
7375626A656374733D4B:4B34:4B3430
7375626A656374733D44:4438:443831
7375626A656374733D4B:4B34:4B3431
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/1149/
Criminals and risk attitude
Langlais, Eric
K42 - Illegal Behavior and the Enforcement of Law
K40 - General
D81 - Criteria for Decision-Making under Risk and Uncertainty
K41 - Litigation Process
We show that whatever the representation of criminals' preferences under risk, the assumption according to which they are strongly risk averse individuals is not consistent with the available observations establishing that criminals are more sensitive to shifts in the probability of sanction than to changes in the level of the sanction. We suggest that: 1/ while a weakening of the risk aversion assumption may be useful, the risk seeking assumption may be better suited for criminals; 2/ the relevant assumption regarding criminals' risk attitude may depend on the policy instruments that models of crime deterrence take into account; 3/ additional experiments, including both monetary penalties and non monetary sanctions would be useful in order to learn more about their sensibility to probability, monetary and non monetary sanctions.
2006-06
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/1149/1/MPRA_paper_1149.pdf
Langlais, Eric (2006): Criminals and risk attitude.
en
oai:mpra.ub.uni-muenchen.de:1150
2019-09-28T04:29:45Z
7374617475733D756E707562
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3431
7375626A656374733D4B:4B31:4B3133
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/1150/
Indemnisation des préjudices et fréquence des procès en présence d'une asymétrie d'informaion sur l'aversion au risque des parties
Langlais, Eric
K10 - General
K41 - Litigation Process
K13 - Tort Law and Product Liability ; Forensic Economics
K40 - General
K4 - Legal Procedure, the Legal System, and Illegal Behavior
The paper addresses the issue of the impact of asymmetric information
on risk aversion of litigant parties in a model à la Bebchuk. First we
study the case where the plaintif is the informed party, and
characterize the equilibrium with and without a pretrial negociation
round. Then, we focuse on the comparative statics of the model and
analyse the role of the choice of a cost allocation rule. Finally, we
discuss several extensions: the case where the defendant is the
informed party, the influence of the assumption on the representation
of preferences, and the role of self-serving bias.
2005-10
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/1150/1/MPRA_paper_1150.pdf
Langlais, Eric (2005): Indemnisation des préjudices et fréquence des procès en présence d'une asymétrie d'informaion sur l'aversion au risque des parties.
fr
oai:mpra.ub.uni-muenchen.de:1444
2019-09-28T06:11:58Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/1444/
The Industrial Organization of the Japanese Bar: Levels and Determinants of Attorney Income
Nakazato, Minoru
Ramseyer, J. Mark
Rasmusen, Eric
K40 - General
Using micro-level data on attorney incomes in 2004, we reconstruct the industrial organization of the Japanese legal services industry. These data suggest a somewhat bifurcated bar, with two sources of unusually high income: talent in Tokyo, and scarcity elsewhere. The most talented would-be lawyers (those with the highest opportunity costs) pass the bar-exam equivalent on one of their first tries or abandon the effort. If they pass, they tend to opt for careers in Tokyo that involve complex litigation and business transactions. This work places a premium on their talent, and from it they earn appropriately high incomes. The less talented face lower opportunity costs, and willingly spend many years studying for the exam. If they eventually pass, they disproportionately forego the many amenities available to professional families in Tokyo and opt instead for careers in the under-lawyered provinces. There, they earn scarcity and monopoly rents not available in the far more competitive Tokyo market.
2006-09-17
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/1444/1/MPRA_paper_1444.pdf
Nakazato, Minoru and Ramseyer, J. Mark and Rasmusen, Eric (2006): The Industrial Organization of the Japanese Bar: Levels and Determinants of Attorney Income.
en
oai:mpra.ub.uni-muenchen.de:1512
2019-10-01T18:06:48Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/1512/
First, the women and children: why it is indispensable to give political weight to the under-age ones: the perspective of Luigi Campiglio
Reggiani, Tommaso
K40 - General
Prof. Luigi Campiglio has endorsed a test, entitled Prima le donne e i bambini (First the women and children), which reflects the importance of women and children for the entire society. Meeting this test requires that under-age children be able to exercise political weight, which can only be accomplished by allowing them to vote. They should be able to do so by giving their mothers the power to vote on their behalves, through exercise of a power of attorney.
2006-04-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/1512/1/MPRA_paper_1512.pdf
Reggiani, Tommaso (2006): First, the women and children: why it is indispensable to give political weight to the under-age ones: the perspective of Luigi Campiglio.
it
oai:mpra.ub.uni-muenchen.de:1519
2019-10-04T05:04:19Z
7374617475733D756E707562
7375626A656374733D49:4933:493338
7375626A656374733D49:4930
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/1519/
Prima le donne e i bambini. Il peso politico dei minorenni: come e perché è indispensabile farlo emergere. La prospettiva secondo Luigi Campiglio.
Reggiani, Tommaso
I38 - Government Policy ; Provision and Effects of Welfare Programs
I0 - General
K40 - General
Prof. Luigi Campiglio has endorsed a test, entitled Prima le donne e i bambini (First the women and children), which reflects the importance of women and children for the entire society. Meeting this test requires that under-age children be able to exercise political weight, which can only be accomplished by allowing them to vote. They should be able to do so by giving their mothers the power to vote on their behalves, through exercise of a power of attorney.
2006-04-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/1519/1/MPRA_paper_1519.pdf
Reggiani, Tommaso (2006): Prima le donne e i bambini. Il peso politico dei minorenni: come e perché è indispensabile farlo emergere. La prospettiva secondo Luigi Campiglio.
it
oai:mpra.ub.uni-muenchen.de:1575
2019-09-30T14:42:04Z
7374617475733D756E707562
7375626A656374733D44:4436:443632
7375626A656374733D4B:4B34:4B3432
7375626A656374733D48:4835:483537
7375626A656374733D4B:4B34:4B3430
7375626A656374733D44:4436:443630
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/1575/
Too much or not enough crimes? On the ambiguous effects of repression
Langlais, Eric
D62 - Externalities
K42 - Illegal Behavior and the Enforcement of Law
H57 - Procurement
K40 - General
D60 - General
The purpose of this paper is to investigate the optimal enforcement of the penal code when criminals invest in a specific class of avoidance activities termed dissembling activities (i.e. self-protection efforts undertaken by criminals to hedge their illegal gains in case of detection and arrestation). We show that the penal law has two screening effects: it separates the population of potential criminals between those who commit the crime and those who do not, and in the former group, between those who undertake dissembling efforts and those who do not. Then, we show that it is never optimal to use less than the maximal fine in contrast to what may occur with avoidance detection (i.e. efforts undertaken in order to reduce the probability of arrestation: Malik (1990)); and furthermore, that the optimal penal code may imply overdeterrence. Finally, we show that any reform of the penal code has ambiguous effects when criminals undertake dissembling activities which are a by-product of illegal activities, since increasing the maximum possible fine may increase or decrease the number of crimes committed and may increase or decrease the proportion of illegal gains hedged by criminals.
2007-01-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/1575/1/MPRA_paper_1575.pdf
Langlais, Eric (2007): Too much or not enough crimes? On the ambiguous effects of repression.
en
oai:mpra.ub.uni-muenchen.de:3574
2019-10-05T07:55:06Z
7374617475733D707562
7375626A656374733D4B:4B32:4B3239
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3431
7375626A656374733D4B:4B32:4B3231
7375626A656374733D4B:4B32:4B3233
7375626A656374733D4C:4C39:4C3936
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/3574/
The Triangular Relationship between the Commission, NRAs and National Courts Revisited
Larouche, Pierre
Larouche, Maartje
K29 - Other
K40 - General
K41 - Litigation Process
K21 - Antitrust Law
K23 - Regulated Industries and Administrative Law
L96 - Telecommunications
In this article, the authors review the relationship between the Commission, the national regulatory authorities (NRAs) and national courts in light of the Commission's proposals for reform as laid out in the 2006 Review. They focus upon the Article 7 and Article 4 procedures of Directive 2002/21. They conclude that the Commission proposals leave key questions and their implications outside of discussion and fail to address core issues such as the standard of assessment under Article 7, the accountability for decisions taken upstream of the NRA, and the scope and depth of judicial review.
2006-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/3574/1/MPRA_paper_3574.pdf
Larouche, Pierre and Larouche, Maartje (2006): The Triangular Relationship between the Commission, NRAs and National Courts Revisited. Published in: International Journal of Digital Economics No. 64 (December 2006): pp. 125-145.
en
oai:mpra.ub.uni-muenchen.de:3767
2019-09-28T06:00:49Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/3767/
Legislative powers and (X)NGO’s
Strazisar, Borut
K40 - General
(X)NGOs1 in nowadays world become more and more important player who not only fulfill
the humanitarian goals but also fulfill political goals of it members or even its sponsors. For (X)NGOs late task becomes easier because state uses them as auxiliary legislator. There are diverse reasons for such practice such as:
- modern states wants to promote their economy by omitting expensive and unclear
legislation (following OECD proposals for legislative reforms);
- governing political parties want to pass the political responsibility for tricky political decisions to another body (i.e. collective doubt);
- (X)NGOs have more accurate information on certain legislative questions than
parliament or government.
This article deals with two major problems. In first part it analyzes pro et contra’s for
delegation of legislative powers to NGOs and possible risks of such processes. Second part
takes in consideration different kind of legislative solutions how to use (X)NGOs in
legislative procedure.
2007-03
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/3767/1/MPRA_paper_3767.pdf
Strazisar, Borut (2007): Legislative powers and (X)NGO’s.
en
oai:mpra.ub.uni-muenchen.de:4846
2019-09-26T19:14:25Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3431
7375626A656374733D4B:4B33:4B3336
7375626A656374733D4B:4B31:4B3133
7375626A656374733D4B:4B30
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B33:4B3332
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/4846/
Informational externalities and informational sharing in class action suits
Deffains, Bruno
Langlais, Eric
K41 - Litigation Process
K36 - Family and Personal Law
K13 - Tort Law and Product Liability ; Forensic Economics
K0 - General
K40 - General
K32 - Environmental, Health, and Safety Law
When several plaintiffs file individually a lawsuit against the same
tortfeasor, the resolution of the various cases through repeated trials
produces positive informational externalities, which benefit to the later
plaintiffs (since there exist precedents, jurisprudence...). Thus, the first
filers may have an incentive to initiate a class action as far as it enables
the various plaintiffs to share their information. This feature has not been
stressed in the literature, and in contrast strategic uses of class actions
have been studied in more details (Che (1996), Marceau and Mongrain (2003)).
In this paper, we elaborate on a basic strategic model of litigation
settlement, focusing on the interactions between the characteristics of the
discovery process (as a general technology of production of evidences) in
mass tort litigation, those of the compensation rules set by Courts, and the
structure of litigation costs, in order to study when a class action fails
to occur, and when sequential trials are more likely.
We consider the case of a perfect discovery process. We provide sufficient
conditions under which a class action is formed. We show that when victims
have heterogeneous claims, the compensatory damages rule awarded by Courts
is of major importance for the formation of the class action, whatever the
degree of heterogeneity: all else equal, there always exists a degree of
\textit{damage averaging} under which the class action occurs. We also show
that when contingent fees are used to reward attorneys' services, plaintiffs
become neutral to the arrival of new information on their case.
2007-09-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/4846/1/MPRA_paper_4846.pdf
Deffains, Bruno and Langlais, Eric (2007): Informational externalities and informational sharing in class action suits.
en
oai:mpra.ub.uni-muenchen.de:5676
2019-09-28T05:34:24Z
7374617475733D756E707562
7375626A656374733D4D:4D31:4D3134
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/5676/
Corporate disclosure determinants: a cross-country investigation
Farina, Vincenzo
M14 - Corporate Culture ; Diversity ; Social Responsibility
K40 - General
The wave of bankruptcies that have followed one upon the other in recent years as the consequence of financial scandals and the integration among the financial systems of various countries have given rise to a search for mechanisms suitable for protecting investors and regulating growing capital flows. More and more frequently, scholars are looking upon the disclosure as a very important tool within the context of the said mechanisms.
The factors affecting the actual disclosure levels are analyzed through an empirical verification based on data relative to a sample of 45 countries.
The initial evidence suggests that disclosure is affected both by the efficiency in the application of the judicial procedures and by factors directly connected with the national culture.
2005
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/5676/1/MPRA_paper_5676.pdf
Farina, Vincenzo (2005): Corporate disclosure determinants: a cross-country investigation.
en
oai:mpra.ub.uni-muenchen.de:10250
2019-10-19T04:35:47Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B32:4B3233
7375626A656374733D49:4932:493233
7375626A656374733D49:4932:493238
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/10250/
INSTITUTIONAL CHANGE, COMPETITIVE PRESSURE AND OVER-INFLUENTIAL PROFFESSORS: THE NEW JAPANESE BAR EXAMINATION
yamamura, eiji
K40 - General
K23 - Regulated Industries and Administrative Law
I23 - Higher Education ; Research Institutions
I28 - Government Policy
This paper attempts to analyze the results of Japan’s new bar examination, so far held in 2006 and 2007, and to investigate why the new bar examination had unanticipated outcomes. The major findings from regression analysis are: (1) The ratio of professor committee members affects the pass rate. Further, committee members specializing in the compulsory common subjects have a more significant effect than those specializing in the selective subject areas. (2) The high pass rate for prestigious national law schools is mainly to the result of the high ratio of professor committee members, while the pass rate of private law schools is partly related. (3) Ratios of committee members from prestigious law schools at 8-22% is significantly higher than for non prestigious law schools. The unexpected outcomes that stem from the shortcomings of the new bar examination are in line with concept that high-powered incentive schemes are likely to induce behavior distortions (Jacob and Levitt, 2003). To prevent professorial cheating and to achieve fairness in the new bar examination, the Ministry of Justice should at least take steps not to appoint law schools professors as committee members.
2008-05-08
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/10250/1/MPRA_paper_10250.pdf
yamamura, eiji (2008): INSTITUTIONAL CHANGE, COMPETITIVE PRESSURE AND OVER-INFLUENTIAL PROFFESSORS: THE NEW JAPANESE BAR EXAMINATION.
en
oai:mpra.ub.uni-muenchen.de:10925
2019-09-26T18:02:08Z
7374617475733D707562
7375626A656374733D45:4536:453632
7375626A656374733D4B:4B34:4B3430
7375626A656374733D46:4633:463334
7375626A656374733D4E:4E32:4E3233
7375626A656374733D48:4833:483330
7375626A656374733D48:4836:483633
7375626A656374733D47:4732:473230
7375626A656374733D50:5035:503530
7375626A656374733D46:4634:463430
7375626A656374733D45:4535:453530
7375626A656374733D42:4231:423131
7375626A656374733D47:4731:473130
7375626A656374733D4E:4E34:4E3433
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/10925/
The medieval origins of the 'Financial Revolution': usury, rentes, and negotiablity
Munro, John H.
E62 - Fiscal Policy
K40 - General
F34 - International Lending and Debt Problems
N23 - Europe: Pre-1913
H30 - General
H63 - Debt ; Debt Management ; Sovereign Debt
G20 - General
P50 - General
F40 - General
E50 - General
B11 - Preclassical (Ancient, Medieval, Mercantilist, Physiocratic)
G10 - General
N43 - Europe: Pre-1913
The basic thesis of this article is that the essential origins of the modern ‘financial revolution’ were the late-medieval responses, civic and mercantile, to financial impediments from both Church and State, concerning the usury doctrine, that reached their harmful fruition in the later thirteenth and early fourteenth century. That ‘financial revolution’, in terms of those national institutions for government borrowing and international finance, involving negotiable securities, in the form of annuities or rentes, and bills of exchange, is generally thought to have originated in eighteenth century England; but as James Tracy has earlier shown it first took place, on a fully national basis, in the sixteenth-century Habsburg Netherlands. The major obstacle from the Church was of course the usury doctrine, and more accurately the final evolution of this doctrine in Scholastic theology and canon law, along with the intensification of the campaign against usury from the early thirteenth century. The major obstacles that the State provided, with the spreading stain of ever more disruptive international warfare from the 1280s, were the nationalistic bullionist philosophies and related monetary-fiscal policies (to finance warfare) that together hindered the international flow of specie in later medieval Europe. For public borrowing, one must begin with the contentious policies of Venice, Florence, and other Italian city states in basing their finances on forced loans, which did pay interest, and thus with the usury controversies that erupted, over not just such loans, but the sale of interest-bearing debt certificates in secondary markets. The alternative solution, found elsewhere – first in northern French towns from the 1220s -- and one that would govern European public finance up to the nineteenth century, was to raise funds for urban governments through the sale of rentes, both life-rents (one or two lives) and hereditary or perpetual rents. These were not in fact loans but annuities, and hence they were not usurious, because the buyer of such rentes had no expectation of repayment (unless the government chose to redeem them); instead they represented the purchase of a continuous future stream of income (for at least one lifetime). Those rentiers who sought to regain some part of their invested capital had only one recourse: to seek out buyers in secondary markets. The true efficiency of modern public finance also rested upon the development of such markets and thus upon the development of full-fledged negotiablity; and public finance also depends upon satisfactory instruments to permit low risk, low cost international remittances. The solution to both problems lay in the development of the negotiable bill of exchange. Such bills, at first non-negotiable, emerged in the late thirteenth century as a response to circumvent not only the usury doctrine (to ‘disguise’ interest payments in the exchange rate) but also the almost universal bans on bullion exports. Yet another barrier that medieval English merchants faced was the virtual absence of deposit-banking because of the crown’s strict monopoly on the coinage and money supply, so that the usual origin of such banking, in private money-changing, was unavailable. Although English merchants sought remedies by using transferable commercial bills, they were not truly negotiable, for they had no legal standing in Common Law courts. But from the late thirteenth century, the Crown was incorporating the then evolving international Law Merchant into statutory law, and it also established law merchant courts, which did give such financial instruments some legal standing. In 1436, a London law-merchant court was the first, in Europe, to establish the principle that the bearer of a bill of exchange, on its maturity, had full rights to sue the ‘acceptor’ or payer, on whom it was drawn, for full payment and to receive compensation for damages. From that precedent, and then from those provided by similar law-merchant court verdicts in Antwerp and Bruges (1507, 1527), the Estates General of the Habsburg Low Countries (1537-1541) produced Europe’s first national legislation to ensure the full legal requirements of true negotiability – including the right to sue intervening assignees to whom bills had been transferred in payment. These Estates-General also legalized interest payments (up to 12%), thus permitting open discounting, another obviously essential feature of modern finance, private and public. Antwerp itself, with the foundation of its Bourse in 1531, became the international financial capital of Europe, especially as a secondary market in national rentes – the very instrument that became the foundation of English public finance, in the form of annuities, from the 1690s.
2002-02
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/10925/2/MPRA_paper_10925.pdf
Munro, John H. (2002): The medieval origins of the 'Financial Revolution': usury, rentes, and negotiablity. Published in: The International History Review , Vol. 25, No. 3 (September 2003): pp. 505-562.
en
oai:mpra.ub.uni-muenchen.de:11029
2019-09-27T19:55:58Z
7374617475733D707562
7375626A656374733D4E:4E32:4E3234
7375626A656374733D4B:4B32:4B3230
7375626A656374733D46:4633:463334
7375626A656374733D4B:4B34:4B3430
7375626A656374733D46:4634:463432
7375626A656374733D52:5234:523430
7375626A656374733D46:4631:463130
7375626A656374733D4E:4E37:4E3733
7375626A656374733D47:4732:473238
7375626A656374733D4E:4E34:4E3433
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/11029/
The 'New Institutional Economics' and the Changing Fortunes of Fairs in Medieval and Early Modern Europe: the Textile Trades, Warfare, and Transaction Costs
Munro, John H.
N24 - Europe: 1913-
K20 - General
F34 - International Lending and Debt Problems
K40 - General
F42 - International Policy Coordination and Transmission
R40 - General
F10 - General
N73 - Europe: Pre-1913
G28 - Government Policy and Regulation
N43 - Europe: Pre-1913
This paper revisits, modifies, and combines elements of three major ‘institutional’ international-trade models, none of which has yet fully received the attention that it deserves, to provide a new explanation for the growth, decline, and then rebirth of internationally-oriented fairs in the European economy, serving financial as well as commercial functions, from the 12th to late 16th centuries. The three distinguished models that provided the major inspiration for this paper are, in the chronological order of their publication: (1) the Van der Wee thesis (1970) on the macro-economic impact of the major shifts, first, from continental, overland-trade to maritime-based routes, and then back to continental-overland trade routes, over this same four-century era; (2) the North-Milgrom-Weingast ‘institutional’ model (1990) on the role of law-merchant courts and judges in reducing incentives to cheat or renege on contracts in fair-oriented trade amongst ‘unacquainted’ participants (i.e. in the Champagne Fairs), and thus in reducing transaction costs in international trade; and (3) the Epstein model (1994) on the various ways in which the later-medieval regional fairs further reduced transaction costs in commerce (even if his model implicitly contradicts elements of my own favoured Van der Wee model). The central theses of this paper are that: (1) the changing intensities, scope, and nature of late-medieval and early modern-warfare played the decisive role in determining the fate of international fairs: (a) in that the consequences of such warfare fatally undermined the economic viability of the earlier medieval fairs (English, French), by raising to a prohibitive level the transportation and other transaction costs involved in overland-continental trade, and more particularly in the mass-market trade in cheap, light textiles, on which these fairs had fundamentally depended; and thus conversely (b) that a restoration of relative security combined with other factors that reduced both transportation and transaction costs led (in accordance with the Van der Wee model) to a revival of continental, overland-trade, to a revival and even more dramatic growth in international trade in cheap textiles, and to a rebirth and renewed pre-eminence of international fairs in early modern European commerce; and (2) that the financial role of fairs was as important as their commercial role; and thus that another major factor in the pre-eminence of early-modern international fairs were financial innovations that led to full negotiability of both private and public forms of credit – especially the rentes, innovations developing chiefly out of fair-based law merchant courts (thus leading us back to the North-Milgrom-Weingast model). The chief criticisms of these models, or parts of them, lie in their inadequate or wrongly formulated explanations for the decline of the Champagne and English fairs, either by adducing incorrect arguments (North-Milgrom-Weingast) and/or by neglecting the very major adverse consequences of the spreading stain of chronic, debilitating, and ever so disruptive European and Mediterranean-wide warfare from the 1290s – and not from the Hundred Years’ War era, consequences that also fatally undermined the international trade in, and thus the production of, the cheap light textiles, over the next two centuries. Such analysis is extended to criticize other favoured models to explain the decline and fall of the Champagne Fairs: the De Roover ‘commercial revolution’ thesis on Italian branch–plant firms with their use of bills-of-exchange; the Bautier-Verlinden model on the ‘industrialization of 14th century Italy’; and the most favoured one of all – the establishment of the Italian galley route, the direct sea-route, to NW Europe. One merely has to point out the dramatic impact of the revival of overland, continental trade routes and of so many international, fairs from the 15th century, to see why these three latter theories lack credibility in explaining a general commercial-financial phenomenon on the supposed ‘decline of fairs’ in the international economy.
2000-06
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/11029/1/MPRA_paper_11029.pdf
Munro, John H. (2000): The 'New Institutional Economics' and the Changing Fortunes of Fairs in Medieval and Early Modern Europe: the Textile Trades, Warfare, and Transaction Costs. Published in: Fieri e mercati nella integrazione delle economie europee, seccoli XIII - XVIII, Atti delle “Settimana di Studi” e altri convegni, no. 32, Istituto Internazionale di Storia Economica F. Datini , Vol. 32, No. 1 (2001): pp. 405-451.
en
oai:mpra.ub.uni-muenchen.de:13880
2019-09-27T16:48:53Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B31:4B3134
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/13880/
Judicial Discretion and Sentencing Behavior
Freeborn, Beth
Hartmann, Monica
K40 - General
K14 - Criminal Law
This research studies the impact of changes to federal judicial discretion on criminal sentencing outcomes. The Feeney Amendment to the 2003 PROTECT Act restricted federal judges’ ability to impose sentences outside of the U.S. Sentencing Guidelines and required appellate courts to review downward departures. Using data on all federal sentences between 1999 and 2004, we examine the effect of the Feeney Amendment on the downward departures rate and prison sentence. We control for type of offense, district of sentencing, criminal history, and demographic characteristics of the offender, in order to isolate the changes in judicial sentencing due to the implementation of the Feeney Amendment. Our results suggest that the Feeney Amendment reduced the probability of a downward departure by 5% and increased prison sentences by two months. There is no evidence that judges adjust sentences in an effort to circumvent the intentions of the Feeney Amendment.
2009-01-10
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/13880/1/MPRA_paper_13880.pdf
Freeborn, Beth and Hartmann, Monica (2009): Judicial Discretion and Sentencing Behavior.
en
oai:mpra.ub.uni-muenchen.de:14559
2019-09-26T22:41:05Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D48:4838:483833
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/14559/
La scelta dei criteri di priorità per il giudice penale: effetti sui carichi pendenti e sul costo sociale
Bonaventura, Luigi
Consoli, Andrea
K40 - General
H83 - Public Administration ; Public Sector Accounting and Audits
Courts management is going to become a very important branch in the study of jurisdiction, following with rising interest in finding out how productive courts are. The aim of this paper is to analyse caseload management and the outcomes of different choice criteria for dealing with criminal trials. Following the current political debate relating to “blocca-processi” we will focus on quantitative effects of priorities and guidelines in caseload trial management. We will use detailed data from ISTAT to define the workload of a representative judge and select the different crimes on his desktop: most serious crimes (red crimes), average offences (yellow crimes) and light crimes (green crimes).
Using an agent-based-model (abm) we tested different criteria: the actual legal framework (first in first out), the provision of priorities based on seriousness of the offences, and a criterion based on crime diffusion. Since reducing crime is the same as decreasing social losses caused by crime, the reduction of social cost of crime becomes an output of judicial services. Preliminary test results show that each criterion affects workload and caseload for different crimes, also considering the social costs of each crime.
2009-04-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/14559/1/MPRA_paper_14559.pdf
Bonaventura, Luigi and Consoli, Andrea (2009): La scelta dei criteri di priorità per il giudice penale: effetti sui carichi pendenti e sul costo sociale.
it
oai:mpra.ub.uni-muenchen.de:15920
2019-09-27T01:19:33Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B32:4B3233
7375626A656374733D49:4932:493238
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/15920/
What discourages participation in the lay judge system (Saiban'in seido) of Japan? : an interaction effect between the secrecy requirement and social network.
Yamamura, Eiji
K40 - General
K23 - Regulated Industries and Administrative Law
I28 - Government Policy
The lay judge system, a quasi-jury system, was introduced in Japan from May 2009. This paper attempts to analyze Japanese people’s attitude about the lay judge system by examining whether they show a willingness to serve as a lay judge. The major findings from regression analysis are: (1) In general, people with a spouse inclined to adopt a negative attitude about serving as a lay judge. This tendency is, however, not observed in large cities. (2) Long-time residents and homeowners are more likely to have a negative attitude about serving as a lay judge. These results show that a tightly knitted interpersonal social network discourages people from serving as a lay judge. Because of the life time secrecy obligation and the penalty provisions for those who break this obligation, people with closer interpersonal ties are under greater pressure and strains, leading to larger psychological cost. The obligation and its penalty should be eased to improve people’s attitudes about serving as a lay judge.
2009-06-26
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/15920/1/MPRA_paper_15920.pdf
Yamamura, Eiji (2009): What discourages participation in the lay judge system (Saiban'in seido) of Japan? : an interaction effect between the secrecy requirement and social network.
en
oai:mpra.ub.uni-muenchen.de:16149
2019-09-29T04:31:55Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4C:4C35:4C3532
7375626A656374733D4B:4B34:4B3431
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/16149/
Trial experience, satisfaction and incentive to bring another lawsuit: Does aspiration level influence winners and losers?
Yamamura, Eiji
K40 - General
L52 - Industrial Policy ; Sectoral Planning Methods
K41 - Litigation Process
This paper used individual level data in Japan to explore how a complainant’s past trial experience influences their satisfaction and incentive to bring a future lawsuit. Controlling for kinds of incidents and a complainant’s individual characteristics, the major findings were; (1) there is a positive relationship between the experience and satisfaction for winners, whereas there is a significant negative relationship for losers, and (2) experience exerts a positive effect on the intention to bring a future lawsuit, not only for winners but also for losers. These results imply that, for losers, a past experience enhances the incentive to bring a future lawsuit, although the experience decreases a complainant’s satisfaction.
2009-07
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/16149/1/MPRA_paper_16149.pdf
Yamamura, Eiji (2009): Trial experience, satisfaction and incentive to bring another lawsuit: Does aspiration level influence winners and losers?
en
oai:mpra.ub.uni-muenchen.de:17197
2019-09-27T09:36:02Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B32:4B3233
7375626A656374733D49:4932:493238
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/17197/
What Discourages Participation in the Lay Judge System (Saiban’in Seido) of Japan? Interaction between the Secrecy Requirement and Social Networks.
Yamamura, Eiji
K40 - General
K23 - Regulated Industries and Administrative Law
I28 - Government Policy
The lay judge system, a quasi-jury system, was introduced in Japan from May 2009. This paper attempts to analyze Japanese people’s attitude towards this system by examining whether they show a willingness to serve as a lay judge. The major findings from regression analysis are: (1) In general, people with a spouse inclined to adopt a negative attitude about serving as a lay judge. This tendency is, however, not observed in large cities. (2) Long-time residents and homeowners are more likely to have a negative attitude about serving as a lay judge. These results show that a tightly knitted interpersonal social network discourages people from serving as a lay judge. Because of the life time secrecy obligation and the penalty provisions for those who break this obligation, people with closer interpersonal ties are under greater pressure and strains, leading to larger psychological cost. The obligation and its penalty should be eased to improve people’s attitudes about serving as a lay judge.
2009-09-08
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/17197/1/MPRA_paper_17197.pdf
Yamamura, Eiji (2009): What Discourages Participation in the Lay Judge System (Saiban’in Seido) of Japan? Interaction between the Secrecy Requirement and Social Networks.
en
oai:mpra.ub.uni-muenchen.de:20721
2019-09-26T12:30:59Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D47:4731:473138
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/20721/
A Holistic View of Legal Documentation from Shari'ah Perspective
Eddy Yusof, Ezry Fahmy
K40 - General
G18 - Government Policy and Regulation
The legal documentation having several features tends to make legal writing formal. This formality can take the form of long sentences, complex constructions, archaic and hyper-formal vocabulary, and a focus on content to the exclusion of reader needs. Some of this formality in legal writing is necessary and desirable, given the importance of some legal documents and the seriousness of the circumstances in which some legal documents are used. Yet not all formality in legal writing is justified in the Shariah point of view. It may sometimes to the extent that formality hinders reader comprehension, and do not reflect clear communication. This paper will explore some clauses of the legal documentation and analyze it check and balance from the Shariah perspective. In the second part of this paper, we will investigate some of controversial clauses that are deemed as prohibition elements. This paper conclude by proposing some suggestion in Islamizing the currently practice legal documentation in order to incorporate with the Shariah requirement.
2009-11
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/20721/1/MPRA_paper_20721.pdf
Eddy Yusof, Ezry Fahmy (2009): A Holistic View of Legal Documentation from Shari'ah Perspective.
en
oai:mpra.ub.uni-muenchen.de:21371
2019-10-01T19:44:51Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B32:4B3233
7375626A656374733D49:4932:493238
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/21371/
Introduction of the new bar examination and the changing effect of influential professors on its outcomes: The case of Japan 2006-2009
Yamamura, Eiji
K40 - General
K23 - Regulated Industries and Administrative Law
I28 - Government Policy
Japan’s new bar examination has been administered since 2006. This paper attempts to analyze how professors selected as members of the committee (The Justice Ministry's committee of the new national bar examination) influence the results of the examination. I use a panel data set to control for unobservable characteristics of universities when the numbers of successful candidate are examined. The major findings are: (1) From 2006 to 2007, number of professors on the committee affected the number of successful candidates. Furthermore, committee members specializing in compulsory common subjects had a significant effect but those specializing in a selective subject had no effect. (2) From 2008 to 2009, neither type of committee member influenced the number of successful candidates. The unexpected outcomes in 2006 and 2007 are considered to be the result of shortcomings in the new bar examination. This is in line with concept that high-powered incentive schemes are likely to induce behavior distortions (Jacob and Levitt, 2003). In 2008 and 2009, it is thought that social pressure against such unexpected behavior deterred such unfair behavior.
2010-03-10
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/21371/1/MPRA_paper_21371.pdf
Yamamura, Eiji (2010): Introduction of the new bar examination and the changing effect of influential professors on its outcomes: The case of Japan 2006-2009.
en
oai:mpra.ub.uni-muenchen.de:21534
2019-09-28T15:42:10Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B32:4B3233
7375626A656374733D49:4932:493238
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/21534/
What Discourages Participation in the Lay Judge System (Saiban’in Seido) of Japan? Interaction between the Secrecy Requirement and Social Networks
Yamamura, Eiji
K40 - General
K23 - Regulated Industries and Administrative Law
I28 - Government Policy
The lay judge system, a quasi-jury system, was introduced in Japan from May 2009. This paper attempts to analyze Japanese people’s attitude towards this system by examining whether they show a willingness to serve as a lay judge. The major findings from regression analysis are: (1) In general, people with a spouse inclined to adopt a negative attitude about serving as a lay judge. This tendency is, however, not observed in large cities. (2) Long-time residents and homeowners are more likely to have a negative attitude about serving as a lay judge. These results show that a tightly knitted interpersonal social network discourages people from serving as a lay judge. Because of the life time secrecy obligation and the penalty provisions for those who break this obligation, people with closer interpersonal ties are under greater pressure and strains, leading to larger psychological cost. The obligation and its penalty should be eased to improve people’s attitudes about serving as a lay judge.
2010-03-21
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/21534/1/MPRA_paper_21534.pdf
Yamamura, Eiji (2010): What Discourages Participation in the Lay Judge System (Saiban’in Seido) of Japan? Interaction between the Secrecy Requirement and Social Networks.
en
oai:mpra.ub.uni-muenchen.de:22036
2019-09-28T22:30:21Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D41:4132:413233
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/22036/
“Brand” and performance in a new environment: Analysis of the law school market in Japan.
Yamamura, Eiji
K40 - General
A23 - Graduate
Using Japanese panel data for 2006-2009, this study attempts to examine how the pass rate of law school student taking the new bar examination influences the number of applicants for the law school in the following years. The major finding is that the higher the law school student pass rate, the greater the number of applicants for the law school becomes. Furthermore, the positive effect of the pass rate is larger for a prestigious university’s law school than for other schools. It follows that the “brand” and the school’s current performance are complementary in increasing demand for places in the law school.
2010-04-05
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/22036/1/MPRA_paper_22036.pdf
Yamamura, Eiji (2010): “Brand” and performance in a new environment: Analysis of the law school market in Japan.
en
oai:mpra.ub.uni-muenchen.de:22313
2019-09-28T00:44:31Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D50:5033:503337
7375626A656374733D4D:4D31:4D3139
7375626A656374733D50:5034:503438
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/22313/
Legal aspects of electronic commerce
Radut, Carmen
Petria, Licuta
K40 - General
P37 - Legal Institutions ; Illegal Behavior
M19 - Other
P48 - Political Economy ; Legal Institutions ; Property Rights ; Natural Resources ; Energy ; Environment ; Regional Studies
The emergence of new communication methods that allow transfer of information in real time and with great precision resulted in their use and trade. Expanding market - which has become an international - did these modern means of communication to be included in trade, by increasing their speed of termination lawful business. Thus, the establishment of commercial relations by computer or other modern means of communication has become in recent decades, and our country. These are very diverse media: telex and fax - which can transmit at a distance and soon words and pictures, and information storage means and acts done by traders - tapes, microfilm, compact discs, which can be used at any time, occupying a small space. Most information that may have a role in resolving trade disputes are not written on paper, but are stored in computer systems or computer available in different forms.
2010-04-06
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/22313/1/MPRA_paper_22313.pdf
Radut, Carmen and Petria, Licuta (2010): Legal aspects of electronic commerce.
en
oai:mpra.ub.uni-muenchen.de:24257
2019-09-27T02:50:23Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4C:4C38:4C3839
7375626A656374733D44:4438:443833
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/24257/
“Brand” and performance in a new environment: Analysis of the law school market in Japan
Yamamura, Eiji
K40 - General
L89 - Other
D83 - Search ; Learning ; Information and Knowledge ; Communication ; Belief ; Unawareness
Using Japanese panel data for 2006-2009, this study attempts to examine how the pass rate of law school students taking the new bar examination influences the number of applicants for the law school in the following years. The major finding is that the higher the law school student pass rate, the greater the number of applicants for the law school becomes. Furthermore, the positive effect of the pass rate is larger for a prestigious university’s law school than for other schools. It follows that the “brand” and the school’s current performance are complementary in increasing demand for places in the law school.
2010-07-28
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/24257/1/MPRA_paper_24257.pdf
Yamamura, Eiji (2010): “Brand” and performance in a new environment: Analysis of the law school market in Japan.
en
oai:mpra.ub.uni-muenchen.de:31902
2019-09-28T22:12:49Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4F:4F33:4F3334
7375626A656374733D4F:4F33:4F3331
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/31902/
Upstream innovation protection: common law evolution and the dynamics of wage inequality
Cozzi, Guido
Galli, Silvia
K40 - General
O34 - Intellectual Property and Intellectual Capital
O31 - Innovation and Invention: Processes and Incentives
The incentives to conduct basic or applied research play a central role for economic growth, and this question has not been explored in much detail so far. How does increasing early innovation appropriability affect basic research, applied research, education, and wage inequality? In the US, what does the common law system imply on the macroeconomic responses to institutional change?
This paper analyzes the macroeconomic effects of patent protection by incorporating a two-stage cumulative innovation structure into a quality-ladder growth model with skill acquisition. We consider three issues (a) the over-protection vs. the under-protection of intellectual property rights; (b) the evolution of jurisprudence shaping the bargaining power of the upstream innovators; and (c) the implications of strengthening patent protection on wage inequality and growth.
We show analytically and numerically how the jurisprudential changes in intellectual property rights witnessed in the US after 1980 can be related to the well-known changes in wage inequality and in education attainments. Basic research patents may have grown disproportionately due increasing jurisdictional protection, eventually compromising applied innovation, education, and growth. By simulations, we show that the dynamic general equilibrium interations may mislead the econometric assessment of the temporary vs persistent effects IPR policy.
2011-03-22
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/31902/1/MPRA_paper_31902.pdf
Cozzi, Guido and Galli, Silvia (2011): Upstream innovation protection: common law evolution and the dynamics of wage inequality.
en
oai:mpra.ub.uni-muenchen.de:32746
2019-10-14T16:25:11Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3431
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/32746/
Die Steuerungswirkungen unterschiedlicher Prozesskostenregelungen: Ein Überblick zum Stand von Theorie und Empirie
Schwab, Christian
Tang, Hin-Yue Benny
K40 - General
K41 - Litigation Process
The so-called English Rule in § 91 ZPO has a longstanding tradition in German civil litigation. Although this “loser pays”- fee shifting can raise severe problems like sharply reducing access to the courts for parties of moderate means, the adaption of alternative cost regimes like the U.S.-style American Rule where no fee shifting occurs has never been seriously considered. What is more, the German debate seems to completely ignore the findings of the extensive law and economics literature on fee shifting. This paper addresses this task and surveys the theoretical and empirical literature on the effects of alternative fee shifting systems on a variety of decisions arising during the litigation process. In detail, we put some arguments supporting German-style fee shifting to the test: Does the German system really discourage low-probability-of-prevailing lawsuits that would be brought under the American Rule? Does it encourage the settlement of litigation? And does the German solution lead to lower costs of the legal system compared to alternative fee regimes? The findings indicate that the influence of different fee shifting rules on parties´ decision-making behavior is to a large extent ambiguous. Policy makers should be aware of these problems.
2011-06-24
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/32746/1/MPRA_paper_32746.pdf
Schwab, Christian and Tang, Hin-Yue Benny (2011): Die Steuerungswirkungen unterschiedlicher Prozesskostenregelungen: Ein Überblick zum Stand von Theorie und Empirie.
de
oai:mpra.ub.uni-muenchen.de:32930
2019-09-27T14:26:20Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B32:4B3232
7375626A656374733D4A:4A33:4A3338
7375626A656374733D47:4733:473330
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/32930/
Common Law vs. Civil Law: Which System Provides More Protection to Shareholders and Creditors and Promotes Financial Development
sarkar, prabirjit
K40 - General
K22 - Business and Securities Law
J38 - Public Policy
G30 - General
This study re-examines the theory of legal-origin on the basis of a new longitudinal dataset for four OECD countries (UK, USA, France and Germany) over a long time span 1970-2005. It observes that the civil law countries (France and Germany) provided better minority shareholder protection and creditor protection relating to debtors’ control while the common law countries (UK and USA) provided better creditor protection relating to credit contract and insolvency. Through dynamic panel data modelling our study shows that minority shareholder protection has a long-term favourable effect only on stock market listing of firms and debtors’ control has a similar effect on credit market expansion while the credit contract component of creditor protection has the opposite effect. Thus, our study questions the proposition that common-law countries provide more protection to their shareholders and creditors; it also casts doubt on the related proposition that shareholder and creditor protection promotes financial development.
2011
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/32930/1/MPRA_paper_32930.pdf
sarkar, prabirjit (2011): Common Law vs. Civil Law: Which System Provides More Protection to Shareholders and Creditors and Promotes Financial Development.
en
oai:mpra.ub.uni-muenchen.de:33187
2019-09-28T17:24:13Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4C:4C35:4C3532
7375626A656374733D4B:4B34:4B3431
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/33187/
Trial experience, satisfaction and incentive to bring another lawsuit: Does aspiration level influence winners and losers?
Yamamura, Eiji
K40 - General
L52 - Industrial Policy ; Sectoral Planning Methods
K41 - Litigation Process
This paper used individual level data in Japan to explore how a complainant’s past trial experience influences their satisfaction and incentive to bring a future lawsuit. Controlling for kinds of incidents and a complainant’s individual characteristics, the major findings were; (1) there is a positive relationship between the experience and satisfaction for winners, whereas there is a significant negative relationship for losers, and (2) experience exerts a positive effect on the intention to bring a future lawsuit, not only for winners but also for losers. These results imply that, for losers, a past experience enhances the incentive to bring a future lawsuit, although the experience decreases a complainant’s satisfaction.
2011-07-28
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/33187/1/MPRA_paper_33187.pdf
Yamamura, Eiji (2011): Trial experience, satisfaction and incentive to bring another lawsuit: Does aspiration level influence winners and losers?
en
oai:mpra.ub.uni-muenchen.de:34698
2019-10-05T03:52:27Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B32:4B3230
7375626A656374733D45:4532:453232
7375626A656374733D50:5035:503530
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/34698/
Law, Finance and Investment: does legal origin matter?
Simplice A., Asongu
K40 - General
K20 - General
E22 - Investment ; Capital ; Intangible Capital ; Capacity
P50 - General
This paper assesses if legal origin explains domestic, foreign, private and public investments through financial intermediary channels of depth, efficiency, activity and size. Findings show that legal origin matters in the finance-investment nexus; though its ability to explain aggregate investment dynamics only through financial intermediary channels is limited in the cases of private and public investments.
2011-11-10
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/34698/1/MPRA_paper_34698.pdf
Simplice A., Asongu (2011): Law, Finance and Investment: does legal origin matter?
en
oai:mpra.ub.uni-muenchen.de:34700
2019-10-03T01:34:27Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B32:4B3230
7375626A656374733D45:4532:453232
7375626A656374733D47:4732:473230
7375626A656374733D50:5035:503530
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/34700/
Law and Investment in Africa
Simplice A., Asongu
K40 - General
K20 - General
E22 - Investment ; Capital ; Intangible Capital ; Capacity
G20 - General
P50 - General
This paper sets a new tone in the legal origins debate with the overwhelming dominance of French civil-law countries in private investment: contrary to mainstream consensus where-in, English common-law countries are better at championing private property rights (La Porta et al., 1998; Beck et al, 2003). Findings are premised on much recent data (1996-2007) from 38 African countries. The study investigates how French, English, French sub-Saharan, Portuguese and North African legal origins shape domestic, foreign, private and public investments through law channels of regulation quality and the rule of law.
2011-11-14
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/34700/2/MPRA_paper_34700.pdf
Simplice A., Asongu (2011): Law and Investment in Africa.
en
oai:mpra.ub.uni-muenchen.de:38359
2019-09-28T22:55:14Z
7374617475733D707562
7375626A656374733D4C:4C31:4C3134
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3432
7375626A656374733D4C:4C32:4C3232
7375626A656374733D4B:4B34:4B3431
7375626A656374733D4D:4D31:4D3130
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/38359/
Shadow of the contract: how contract structure shapes inter-firm dispute resolution
Lumineau, Fabrice
Malhotra, Deepak
L14 - Transactional Relationships ; Contracts and Reputation ; Networks
K40 - General
K42 - Illegal Behavior and the Enforcement of Law
L22 - Firm Organization and Market Structure
K41 - Litigation Process
M10 - General
This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contract detail affects the type of dispute resolution approach that is adopted when conflict arises, and that different approaches are associated with different costs for resolving the dispute. We also find that the effect of contract choice on dispute resolution approach is moderated by the degree of coordination required in the relationship, and that the effect of dispute approach on costs is moderated by the degree of power asymmetry between the parties. Thus, even after controlling for various attributes of the exchange relationship and the dispute, the choice of contracting structure has important strategic implications.
2011
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/38359/1/MPRA_paper_38359.pdf
Lumineau, Fabrice and Malhotra, Deepak (2011): Shadow of the contract: how contract structure shapes inter-firm dispute resolution. Published in: Strategic Management Journal , Vol. 5, No. 32 (2011)
en
oai:mpra.ub.uni-muenchen.de:38510
2019-09-27T08:24:31Z
7374617475733D696E7072657373
7375626A656374733D4C:4C31:4C3134
7375626A656374733D44:4432:443231
7375626A656374733D44:4432:443233
7375626A656374733D4B:4B34:4B3430
7375626A656374733D44:4437:443734
7375626A656374733D4C:4C32:4C3232
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/38510/
The influence of relational experience and contractual governance on the negotiation strategy in buyer-supplier disputes
Lumineau, Fabrice
Henderson, James
L14 - Transactional Relationships ; Contracts and Reputation ; Networks
D21 - Firm Behavior: Theory
D23 - Organizational Behavior ; Transaction Costs ; Property Rights
K40 - General
D74 - Conflict ; Conflict Resolution ; Alliances ; Revolutions
L22 - Firm Organization and Market Structure
This paper theoretically refines and empirically extends the debate on the type of interplay between relational experience and contractual governance in an under-researched area: supply chain disputes. We define relational experience as either cooperative or competitive; distinguish between control and coordination functions of contractual governance; and assess their interplay on the negotiation strategy used in disputes. Using a unique data set of buyer-supplier disputes, we find, in particular, that increasing contractual control governance weakens the positive effect of cooperative relational experience on cooperative negotiation strategy. However, increasing contractual control governance for a buyer-supplier dyad with competitive relational experience will increase cooperative negotiation strategy. Contractual coordination governance reinforces the positive effect of cooperative relational experience. Through this study, we reach a better understanding of how and when contractual and relational governance dimensions interact; rather than whether they act as substitutes or complements as has been studied in prior research. We discuss the implications of these findings for the field of supply chain management.
2012
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/38510/1/MPRA_paper_38510.pdf
Lumineau, Fabrice and Henderson, James (2012): The influence of relational experience and contractual governance on the negotiation strategy in buyer-supplier disputes. Forthcoming in: Journal of Operations Management , Vol. 5, No. 30 (2012)
en
oai:mpra.ub.uni-muenchen.de:38875
2019-09-27T05:26:27Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4E:4E31:4E3133
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/38875/
The structure of agricultural production and the causes of brigandage and criminal organisations in Italy after Unification: theory and evidence
Del Monte, Alfredo
Pennacchio, Luca
K40 - General
N13 - Europe: Pre-1913
The purpose of this paper is to show that in the period after Italian Unification in 1861 two very important criminal phenomena in southern Italy, brigandage and organised crime, became rooted in the structure of rural and land organisation. We use econometrics to show that brigandage intensity was higher in the poorest areas of southern Italy where land ownership was highly concentrated and productivity was low. By contrast, using a different econometric exercise we show that organised crime developed only in the wealthiest areas. Empirical evidence also shows that there was an inverse relation between the intensity of brigandage and that of organised crime in the regions of the Mezzogiorno. Therefore, widespread brigandage was not the main cause of the development of organised crime, as suggested elsewhere (Gambetta, 1993; Bandiera, 2003). We develop a simple model to show that organised crime has a greater incentive to offer protection when economic development and land productivity are higher and the state is unable to provide adequate protection for property rights. The model is tested on the provinces in southern Italy in the late nineteenth century and then on Sicilian towns in the early 1900s.
2011-04
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/38875/1/MPRA_paper_38875.pdf
Del Monte, Alfredo and Pennacchio, Luca (2011): The structure of agricultural production and the causes of brigandage and criminal organisations in Italy after Unification: theory and evidence.
en
oai:mpra.ub.uni-muenchen.de:39060
2019-10-07T16:24:35Z
7374617475733D707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B32:4B3232
7375626A656374733D47:4733:473338
7375626A656374733D47:4733:473330
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/39060/
Law, Finance and Development: Further Analyses of Longitudinal Data
Sarkar, Prabirjit
Singh, Ajit
K40 - General
K22 - Business and Securities Law
G38 - Government Policy and Regulation
G30 - General
This paper analyses a longitudinal dataset on legal protection of shareholders over a 36 year period, 1970-2005 for four advanced countries, UK, France, Germany and the US. It examines two aspects of the legal origin hypothesis - whether shareholder protection is higher in the common law countries (UK and USA) than in the civil law countries (France and Germany) and whether shareholder protection matters for stock market development in the short and
long runs. It also examines the ‘causation’ issue and the ‘endogeneity’ problem- whether greater shareholder protection leads to stock market development or
whether stock market development leads to changes in law.
The paper casts serious doubt on the validity of the basic theses of the Anglo Saxon legal and developmental model.
2009-06
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/39060/1/MPRA_paper_39060.pdf
Sarkar, Prabirjit and Singh, Ajit (2009): Law, Finance and Development: Further Analyses of Longitudinal Data. Published in: Centre for Business Research Working Paper Series No. WP387 (June 2009)
en
oai:mpra.ub.uni-muenchen.de:39109
2019-10-04T19:29:05Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B32:4B3231
7375626A656374733D4C:4C34
7375626A656374733D4C:4C31
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/39109/
Keep to sustain or keep to exploit? Why firms keep hard evidence
Agisilaou, Panayiotis
K40 - General
K21 - Antitrust Law
L4 - Antitrust Issues and Policies
L1 - Market Structure, Firm Strategy, and Market Performance
We develop a model wherein collusive firms' decisions to keep or to destroy the hard evidence is endogenous. Unlike previous literature, we assume that the administration of the cartel crucially depends on the existence of the hard evidence. Within this framework, we explore the impact of a leniency program on whether firms' incentives are to destroy or to keep the hard evidence. Moreover, we examine firms' incentives to report or not to report the hard evidence to the antitrust authority. We show that firms may willfully keep the hard evidence, even if a leniency program is not available, in order to enhance the stability of the cartel. Additionally, we prove that firms are more inclined to keep the hard evidence when a leniency program is available. Finally, we demonstrate that firms are more likely to destroy the hard evidence when the collusive profits-fine ratio increases.
2012-03-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/39109/1/MPRA_paper_39109.pdf
Agisilaou, Panayiotis (2012): Keep to sustain or keep to exploit? Why firms keep hard evidence.
en
oai:mpra.ub.uni-muenchen.de:44883
2019-09-28T18:03:42Z
7374617475733D756E707562
7375626A656374733D4A:4A32:4A3234
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3432
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/44883/
The effect of the 2011 London riots on crime, policing and unemployment
Braakmann, Nils
J24 - Human Capital ; Skills ; Occupational Choice ; Labor Productivity
K40 - General
K42 - Illegal Behavior and the Enforcement of Law
Using street level crime data for London from December 2010 to March 2012 merged with detailed information on crimes committed during the 2011 London riots, I show that crime in areas affected by the riots fell considerably in the months following the riots. I also investigate two potentials channels through which the riots might have influenced future crime rates, specifically unemployment and changes in police deployment. The results suggest increases in unemployment in the affected areas and no change in police deployment in the months after the riots, suggesting that crime fell for other reasons.
2012-08-07
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/44883/1/MPRA_paper_44883.pdf
Braakmann, Nils (2012): The effect of the 2011 London riots on crime, policing and unemployment.
en
oai:mpra.ub.uni-muenchen.de:47152
2019-09-26T13:00:45Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3432
7375626A656374733D4B:4B34:4B3439
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/47152/
Understanding Terrorism from an Economic perspective
Haldar, Tanushree
K40 - General
K42 - Illegal Behavior and the Enforcement of Law
K49 - Other
Terrorism has emerged as a major threat to the contemporary society. Nation States are reliant on their counter-terrorism laws for checking terrorism and deterring terrorists. To understand the effectiveness of these counter terrorism laws, it is important to first understand the behaviour of terrorists, so as to comprehend what actions can dissuade terrorist’s behaviour and decision to propagate violence. This paper will first look at behaviour of terrorist in decision making from an economic perspective, then will try to explore if there are any economic determinant of terrorism and finally, since the cost of terrorism is huge in terms of life, property etc, will discuss the status of counter-terrorism legislations in India. In the study it has been shown that terrorists are rational in decision making. It has also been found that economic determinants are not significant in determining
terrorism; however, to a certain extent education does have a positive relation with participation in terrorism. Terrorism has huge cost, and hence it is essential to have counter-terrorist legislations. These legislations provides power to the state to deny operating space to terrorists and their supporters, deter them from carrying out terrorist acts, ensure the basic rights of the people, and uphold the Fundamental Rights enshrined in the Constitution.
2013-05-24
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/47152/1/MPRA_paper_47152.pdf
Haldar, Tanushree (2013): Understanding Terrorism from an Economic perspective.
en
oai:mpra.ub.uni-muenchen.de:51109
2019-09-26T10:59:34Z
7374617475733D707562
7375626A656374733D47:4730:473030
7375626A656374733D47:4733:473333
7375626A656374733D47:4733:473338
7375626A656374733D4B:4B32
7375626A656374733D4B:4B32:4B3232
7375626A656374733D4B:4B32:4B3233
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/51109/
The Impact of the Dodd-Frank Act on Small Banks
Alqatawni, Tahsen
G00 - General
G33 - Bankruptcy ; Liquidation
G38 - Government Policy and Regulation
K2 - Regulation and Business Law
K22 - Business and Securities Law
K23 - Regulated Industries and Administrative Law
K40 - General
The Dodd-Frank Act is single longest bill ever passed by the U.S… The Dodd-Frank Act passed in reply to the latest financial meltdown, which applies to prevent further fraud and abuse in the markets, also geared toward protecting consumers with regulations like keeping borrowers from abusive lending conditions and mortgage practices by lenders. Dodd-Frank regulatory requirements set too many restrictions on local lenders and appraisers and that the Act created for large banks "too-big-to-fail”. However, the small banks, which do not fit neatly into standardized financial modeling, will face unintended consequences, as increased operations costs, which lead to reduced income and limited potential growth. The Act created enormous difficulties on small banks, which has little to do with the financial crisis.
2013-10-30
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/51109/1/MPRA_paper_51109.pdf
Alqatawni, Tahsen (2013): The Impact of the Dodd-Frank Act on Small Banks. Published in: Social Science Research Network , Vol. 10, No. 2347812 (30 October 2013): pp. 1-10.
en
oai:mpra.ub.uni-muenchen.de:54785
2019-10-09T01:28:06Z
7374617475733D756E707562
7375626A656374733D43:4331:433134
7375626A656374733D4A:4A36:4A3633
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/54785/
An Odd Couple: Monotone Instrumental Variables and Binary Treatments
Richey, Jeremiah
C14 - Semiparametric and Nonparametric Methods: General
J63 - Turnover ; Vacancies ; Layoffs
K40 - General
This paper investigates Monotone Instrumental Variables (MIV) and their ability to aid in identifying treatment effects when the treatment is binary in a nonparametric bounding framework. I show that an MIV can only aid in identification beyond that of a Monotone Treatment Selection assumption if for some region of the instrument the observed conditional-on-received-treatment outcomes exhibit monotonicity in the instrument in the opposite direction as that assumed by the MIV in a Simpson's Paradox-like fashion. Furthermore, an MIV can only aid in identification beyond that of a Monotone Treatment Response assumption if for some region of the instrument either the above Simpson's Paradox-like relationship exists or the instrument's indirect effect on the outcome (as through its influence on treatment selection) is the opposite of its direct effect as assumed by the MIV. The implications of the main findings for empirical work are discussed and the results are highlighted with an application investigating the effect of criminal convictions on job match quality using data from the 1997 National Longitudinal Survey of the Youth. Though the main results are shown to hold only for the binary treatment case in general, they are shown to have important implications for the multi-valued treatment case as well.
2013-06
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/54785/1/MPRA_paper_54785.pdf
Richey, Jeremiah (2013): An Odd Couple: Monotone Instrumental Variables and Binary Treatments.
en
oai:mpra.ub.uni-muenchen.de:55825
2019-09-28T14:44:51Z
7374617475733D707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/55825/
Российская доктрина гражданского правоприменения: вопросы становления и развития
Eremenko, Alexander
K00 - General
K10 - General
K40 - General
Z00 - General
The article gives a level-metatheoretical investigation of methodological-organizational issues of the Russian doctrine of application of civil laws as a special juridical tenet of application of law, at the present stage and in the concrete-historical retrospect. The article has an analytic-review nature. A consideration of both legal and social-philosophical aspects of problems of formation, development and current state of the doctrine of application of civil laws, which continues to be emerged at the Russian legal school, takes the article’s central place.In light of the social-political history of the Russian state, the reasons of stagnation both in the dynamics of the theoretical-legal research, in general, and in the advancement of special-legal conceptions of application of law, particularly, are disclosed. Questions of system organization of the scientific-juridical communication influencing the results of scientific researche of fundamental problems of the Russian law, are put. In view of positiveness of the model of scientific-juridical communication as a tool of reproduction of new juridical knowledge, the author addresses to the experience of the discussion arisen on the pages of juridical magazine "Soviet state and law" in the 54-55 years of the last century. This discussion served as an important factor of organizing of the scientific-juridical community and its stimulating to a joint scientific creativity, especially, in the field of general and special problems of application of law. By the example of the doctrine of application of civil laws, the cultural-historical correlation of the inductive and the deductive levels of the system of reproduction of legal knowledge is shown. This correlation reflects today's processes of interaction between the general theory of law as a jurisprudence's deductive level and the theory of civil law as a jurisprudence's inductive level. The tendency to a reciprocal scientific enrichment of funds of the general theory of law, which can be accomplished by means of breakthroughs and workings out of special theories of law, is revealed. This tendency demonstrates a character of change of positional roles of the general theory of law and the civil law theory when theorizing about empirical material of the application of civil laws, the results of which are capable to modify the overall scientific picture of the law application doctrine. The author describes a science of science meaning of the concept 'application of civil laws' as a particular doctrine of application of law. In the metatheoretical sense, the author proposes a definition of application of civil laws. The prospects of development of the Russian doctrine of civil law application, in framework of the improving legal space in modern Russia, are outlined.
2010-07
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/55825/1/MPRA_paper_55825.pdf
Eremenko, Alexander (2010): Российская доктрина гражданского правоприменения: вопросы становления и развития. Published in: Lex Russica , Vol. LXX, No. 2 (2011): pp. 224-244.
ru
oai:mpra.ub.uni-muenchen.de:55826
2019-10-05T04:58:38Z
7374617475733D707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/55826/
Гражданское законодательство и международные договоры: взаимодействие внутри правовой системы Российской Федерации
Eremenko, Alexander
K00 - General
K10 - General
K40 - General
Z00 - General
The article deals with analysis of theoretical aspects of the category of “international treaties” from the point of view of their place in the hierarchical structure of the legal system of the Russian Federation and their correlation to the civil legislation. The author describes the synthetic models of correlation of international treaties and national legislation and formulates these models as concepts of “super-nationalism”, “sub-constitutionalism”, “super-legalism” and “inter-legalism”.
2010-10
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/55826/1/MPRA_paper_55826.pdf
Eremenko, Alexander (2010): Гражданское законодательство и международные договоры: взаимодействие внутри правовой системы Российской Федерации. Published in: Bulletin of PNU No. 4(27) (2012): pp. 303-308.
ru
oai:mpra.ub.uni-muenchen.de:55857
2019-10-02T06:29:30Z
7374617475733D707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/55857/
Конкуренция норм гражданского права в механизме юридической квалификации гражданских отношений
Eremenko, Alexander
K00 - General
K10 - General
K40 - General
Z00 - General
The article discloses questions of the classification (characterization, qualification) of civil relationships from the standpoint of concurrence (competition) of civil legal rules subdivided into general and special ones. The necessity to differentiate the notions 'concurrence' and 'conflict' of rules of civil law is grounded. The author formulates concurrence principles for the civil legal rules to be applied. The concurrence of rules of civil law is described as a main instrument for the methodology of application of civil laws.
2010-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/55857/1/MPRA_paper_55857.pdf
Eremenko, Alexander (2010): Конкуренция норм гражданского права в механизме юридической квалификации гражданских отношений. Published in: Bulletin of Udmurt University No. 2-3 (2011): pp. 109-114.
ru
oai:mpra.ub.uni-muenchen.de:55876
2019-09-29T20:37:46Z
7374617475733D707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/55876/
Методологические вопросы структуры нормы гражданского права
Eremenko, Alexander
K00 - General
K10 - General
K40 - General
Z00 - General
The investigation of the problem of civil law rule structure and the consideration of notions of the hypothesis, solution and sanction are given in this article. The interconnection between the hypothesis of the civil legal rule and the judicial grounds of realizing the civil law consequences, on the one hand, and between the solution of the civil legal rule and the civil law consequence arising due to the legal grounds specified in the hypothesis of the civil law rule, on the other hand, is underlined in the article.
2010-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/55876/1/MPRA_paper_55876.pdf
Eremenko, Alexander (2010): Методологические вопросы структуры нормы гражданского права. Published in: Legal Science and Law Enforcement Practice No. 16 (2011): pp. 39-48.
ru
oai:mpra.ub.uni-muenchen.de:55877
2019-10-06T04:26:57Z
7374617475733D707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/55877/
К философско-правовой системе атрибутов понятия "гражданский закон".
Eremenko, Alexander
K00 - General
K10 - General
K40 - General
Z00 - General
The article systematizes features of the notion "civil law" which is defined in a wide philosophical-legal and in a narrow positive-juridical meanings. Legal contents of those features is analysed as well.
2011-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/55877/1/MPRA_paper_55877.pdf
Eremenko, Alexander (2011): К философско-правовой системе атрибутов понятия "гражданский закон". Published in: Academical Law Journal No. 44 (2011): pp. 21-28.
ru
oai:mpra.ub.uni-muenchen.de:55878
2019-09-27T06:38:51Z
7374617475733D707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/55878/
Метод правоотношения как способ познания явлений правовой действительности: теоретико-правовые и гражданско-правовые вопросы.
Eremenko, Alexander
K00 - General
K10 - General
K40 - General
Z00 - General
The article considers issues relating to the method of legal relationship as a synthetic special-juridical method. The author describes notion, subject matter and algorithm of the method of legal relationship. Principles, goals and objectives of the method's use, as well as objects which can be studied with its help, are illuminated. Conditions of the method's applicability to objects of the legal research and its organizational-didactical structure from the gnoseological standpoint of the law are shown.
2010-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/55878/1/MPRA_paper_55878.pdf
Eremenko, Alexander (2010): Метод правоотношения как способ познания явлений правовой действительности: теоретико-правовые и гражданско-правовые вопросы. Published in: Leningrad Judicial Journal No. 1 (2011): pp. 29-35.
ru
oai:mpra.ub.uni-muenchen.de:55879
2019-10-03T05:28:03Z
7374617475733D707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/55879/
Организационно-методологические основания российской доктрины гражданского правоприменения (окончание).
Eremenko, Alexander
K00 - General
K10 - General
K40 - General
Z00 - General
The article gives the level-metatheoretical investigation of methodological and organizational issues of the Russian doctrine of the civil law application as a special juridical tenet of the application of law at the present stage and in the concrete-historical retrospect.
2010-08
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/55879/1/MPRA_paper_55879.pdf
Eremenko, Alexander (2010): Организационно-методологические основания российской доктрины гражданского правоприменения (окончание). Published in: Civil Law No. 2 (2011): pp. 3-8.
ru
oai:mpra.ub.uni-muenchen.de:55915
2019-10-08T20:45:55Z
7374617475733D707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/55915/
Конкуренция норм гражданского права в механизме юридической квалификации гражданских отношений
Eremenko, Alexander
K00 - General
K10 - General
K40 - General
Z00 - General
The article discloses questions of the classification (characterization, qualification) of civil relationships from the standpoint of concurrence (competition) of civil legal rules subdivided into general and special ones. The necessity to differentiate the notions 'concurrence' and 'conflict' of rules of civil law is grounded. The author formulates concurrence principles for the civil legal rules to be applied. The concurrence of rules of civil law is described as a main instrument for the methodology of application of civil laws.
2010-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/55915/1/MPRA_paper_55857.pdf
Eremenko, Alexander (2010): Конкуренция норм гражданского права в механизме юридической квалификации гражданских отношений. Published in: Bulletin of Udmurt University No. 2-3 (2011): pp. 109-114.
ru
oai:mpra.ub.uni-muenchen.de:55936
2019-10-03T04:27:42Z
7374617475733D707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/55936/
Конкуренция норм гражданского права в механизме юридической квалификации гражданских отношений
Eremenko, Alexander
K00 - General
K10 - General
K40 - General
Z00 - General
The article discloses questions of the classification (characterization, qualification) of civil relationships from the standpoint of concurrence (competition) of civil legal rules subdivided into general and special ones. The necessity to differentiate the notions 'concurrence' and 'conflict' of rules of civil law is grounded. The author formulates concurrence principles for the civil legal rules to be applied. The concurrence of rules of civil law is described as a main instrument for the methodology of application of civil laws.
2010-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/55936/1/MPRA_paper_55857.pdf
Eremenko, Alexander (2010): Конкуренция норм гражданского права в механизме юридической квалификации гражданских отношений. Published in: Bulletin of Udmurt University No. 2-3 (2011): pp. 109-114.
ru
oai:mpra.ub.uni-muenchen.de:56006
2019-10-08T20:45:55Z
7374617475733D707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/56006/
Методологические принципы научно-теоретического изучения гражданского правоприменения.
Eremenko, Alexander
K00 - General
K10 - General
K40 - General
Z00 - General
The article deals with general questions of the methodology of knowledge of civil-legal phenomena, as objects of the legal reality. The author accentuates a problem of methodology of the application of civil laws, as a special kind of work to organize a cognitive process, detecting regularities for the civil laws to be applied. These regularities refer to the field of ontology of law. The methodology appears as one of the principles of shaping the paradigm of civil-legal application.
2010-07
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/56006/1/MPRA_paper_56006.pdf
Eremenko, Alexander (2010): Методологические принципы научно-теоретического изучения гражданского правоприменения. Published in: Civil Legal Notes , Vol. 1, (2011): pp. 8-29.
ru
oai:mpra.ub.uni-muenchen.de:56112
2019-09-29T16:55:04Z
7374617475733D756E707562
7375626A656374733D43:4331:433134
7375626A656374733D4A:4A33:4A3330
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/56112/
The Causal Effects of Criminal Convictions on Labor Market Outcomes in Young Men: A Nonparametric Bounds Analysis
Richey, Jeremiah
C14 - Semiparametric and Nonparametric Methods: General
J30 - General
K40 - General
This paper examines the causal effects of criminal convictions on labor market outcomes in young men using data from the National Longitudinal Survey of Youth 1997 cohort. Unlike previous research in this area which relies on assumptions strong enough to obtain point identification, this paper imposes relatively weak nonparametric assumptions that provide tight bounds on treatment effects. Even in the absence of a parametric model, under certain specifications, a zero effect can be ruled out, though after a bias correction this result is lost. In general the results for the effect on yearly earnings align well with previous findings, though the estimated effect on weeks worked are smaller than in previous findings. Results of a novel sensitivity analysis test how the estimated bounds respond to a weakening/strengthening of two key assumptions. Even under a significant strengthening of a key assumption a negative treatment effect cannot be ruled out.
2012-08
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/56112/1/MPRA_paper_56112.pdf
Richey, Jeremiah (2012): The Causal Effects of Criminal Convictions on Labor Market Outcomes in Young Men: A Nonparametric Bounds Analysis.
en
oai:mpra.ub.uni-muenchen.de:56171
2019-09-26T15:12:01Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3439
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/56171/
Le comportement du musulman en matière de crédit à intérêt face à la contrainte religieuse
Kchirid, Mustapha
Tarbalouti, Essaid
Elgraa, Mohamed
K40 - General
K49 - Other
Contrary to the Islamic laws considered as social standard governing the behavior of the Muslims, the facts relative to most of the Muslim countries show that the detention of a conventional bank account considered as illicit because it is generative of the rate of interest and savings is more spread where the population is important. In this article, we divert the conditions under which these principles are not respected. We demonstrate that the cost to inquire some on the others can constitute a brake with care of the Islamic laws. Indeed, the more the population is important, the more the information is scattered and more its cost is raised reducing the effect of social cost of the standard with regard to the earnings expected from the detention of the account.
2013
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/56171/1/MPRA_paper_56171.pdf
Kchirid, Mustapha and Tarbalouti, Essaid and Elgraa, Mohamed (2013): Le comportement du musulman en matière de crédit à intérêt face à la contrainte religieuse.
fr
oai:mpra.ub.uni-muenchen.de:56999
2019-09-27T22:08:36Z
7374617475733D696E7072657373
7375626A656374733D43:4331:433134
7375626A656374733D4A:4A36:4A3633
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/56999/
An Odd Couple: Monotone Instrumental Variables and Binary Treatments
Richey, Jeremiah
C14 - Semiparametric and Nonparametric Methods: General
J63 - Turnover ; Vacancies ; Layoffs
K40 - General
This paper investigates Monotone Instrumental Variables (MIV) and their ability to aid in identifying treatment effects when the treatment is binary in a nonparametric bounding framework. I show that an MIV can only aid in identification beyond that of a Monotone Treatment Selection assumption if for some region of the instrument the observed conditional-on-received-treatment outcomes exhibit monotonicity in the instrument in the opposite direction as that assumed by the MIV in a Simpson's Paradox-like fashion. Furthermore, an MIV can only aid in identification beyond that of a Monotone Treatment Response assumption if for some region of the instrument either the above Simpson's Paradox-like relationship exists or the instrument's indirect effect on the outcome (as through its influence on treatment selection) is the opposite of its direct effect as assumed by the MIV. The implications of the main findings for empirical work are discussed and the results are highlighted with an application investigating the effect of criminal convictions on job match quality using data from the 1997 National Longitudinal Survey of the Youth. Though the main results are shown to hold only for the binary treatment case in general, they are shown to have important implications for the multi-valued treatment case as well.
2013-06
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/56999/1/MPRA_paper_54785.pdf
Richey, Jeremiah (2013): An Odd Couple: Monotone Instrumental Variables and Binary Treatments. Forthcoming in: Econometric Reviews
en
oai:mpra.ub.uni-muenchen.de:57834
2019-09-26T19:46:15Z
7374617475733D756E707562
7375626A656374733D43:4335:433531
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/57834/
Motivational structures underlying judicial discretion: An information theoretic investigation
Bhati, Avinash
C51 - Model Construction and Estimation
K40 - General
Judicial discretion has rightly been termed a puzzle. Given the several competing concerns that can influence judges when they sanction offenders and the institutional structures that typically constrain their decisions, the task of uncovering the motivational structures underlying judicial discretion has proven very challenging for scholars. This paper develops a behavioral model of federal judges exercising discretion pursuant to the Federal Sentencing Guidelines and derives testable implications regarding the amount of prison term they impose on convicted offenders. An information theoretic approach is used to investigate these assertions. The data reveal a host of information about judicial discretion including how various factors affect sanctioning decisions, how variation in case and offender attributes heighten or reduce judicial concerns, how judges juggle various competing concerns while exercising discretion, and how compliance with the guidelines competes with other judicial concerns.
2009-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/57834/1/MPRA_paper_57834.pdf
Bhati, Avinash (2009): Motivational structures underlying judicial discretion: An information theoretic investigation.
en
oai:mpra.ub.uni-muenchen.de:63158
2019-09-27T16:51:51Z
7374617475733D707562
7375626A656374733D4A:4A30
7375626A656374733D4A:4A30:4A3030
7375626A656374733D4B:4B32
7375626A656374733D4B:4B32:4B3230
7375626A656374733D4B:4B32:4B3239
7375626A656374733D4B:4B34
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3432
7375626A656374733D4F:4F31
7375626A656374733D4F:4F31:4F3130
7375626A656374733D5A:5A30
7375626A656374733D5A:5A30:5A3030
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/63158/
Freedom of Movement Rights of Turkish Nationals in the European Union
Yalincak, Orhun Hakan
J0 - General
J00 - General
K2 - Regulation and Business Law
K20 - General
K29 - Other
K4 - Legal Procedure, the Legal System, and Illegal Behavior
K40 - General
K42 - Illegal Behavior and the Enforcement of Law
O1 - Economic Development
O10 - General
Z0 - General
Z00 - General
This article is concerned with the evolving free movement rights of Turkish nationals in the European Union (‘EU’). The right to move freely represents one of the fundamental freedoms of the internal market, as well as an essential political element of the package of rights linked to the very status of citizenship of the EU. Given the fact that the holding of the nationality of a Member State is the condition sine qua non for acquiring citizenship of the EU, Turkish nationals are clearly not yet citizens of the EU; at best, they can be described as “EU citizens in being.” While the rights granted to Turkish nationals by the EU, are amongst the most extensive granted to third country nationals (‘TCNs’), the outer limits of their freedom of movement rights are firmly rooted in the specific free movement provisions in EU-Turkey Association Law. This naturally gives rise to several inter-related questions: how far should the free movement rights granted to EU nationals be extended to Turkish nationals, as citizens of an accession state? How do the freedom of movement rights of Turkish nationals compare with EU nationals? The freedom of movement rights for Turkish nationals, within the context of Turkey-EU relations, has been an important issue for Turkish citizens ever since 1980 when strict visa requirements were introduced. This problem confronts all strata of Turkish society, including the business community, the academic world, students, journalists, and almost 3 million family members of Turkish nationals living in the EU. This paper shows that the free movement rights of Turkish nationals under EU-Turkey Association law is independent of the political talks surrounding the re-admission agreement and “visa dialogue,” which are aimed at gradually permitting free movement in the EU for Turkish nationals. This paper shows that under the text of the AA, and as confirmed by ECJ case law, Turks have substantial free movement rights within the EU arising from EU-Turkey Association Law and these new agreements and requirements are evidence that the political consideration of the EU block continue to trump the legal considerations.
2013-09-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/63158/1/MPRA_paper_63158.pdf
Yalincak, Orhun Hakan (2013): Freedom of Movement Rights of Turkish Nationals in the European Union. Published in: Columbia Journal of European Law , Vol. 19, No. 3 (1 September 2013): pp. 391-422.
en
oai:mpra.ub.uni-muenchen.de:68647
2019-09-26T11:33:00Z
7374617475733D696E7072657373
7375626A656374733D4B:4B34:4B3430
7375626A656374733D5A:5A31:5A3133
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/68647/
Psychology of Trust: A Three Component Analytical Framework to Explain the Impact of Formal Institutions on Social Trust Formation
Tamilina, Larysa
Tamilina, Natalya
K40 - General
Z13 - Economic Sociology ; Economic Anthropology ; Social and Economic Stratification
Drawing on a social-cognitive theory of psychology, this study introduces a new conceptual framework to explain trust building by individuals and the role that formal rules and laws may play in this process. Trust is viewed as composed of cultural, communal, and contextual components, with the latter encompassing formal institutions. We demonstrate that the contextual component measured through three institutional indexes is the strongest predictor of social trust that may not only condition the importance of cultural and communal components for the process of trust formation, but also trigger changes in them. We also furnish evidence that this impact may vary across formal institutional types and suggest that the autonomy dimension of the institutional framework is particularly important for social trust building.
2015-02-10
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/68647/1/MPRA_paper_68647.pdf
Tamilina, Larysa and Tamilina, Natalya (2015): Psychology of Trust: A Three Component Analytical Framework to Explain the Impact of Formal Institutions on Social Trust Formation. Forthcoming in:
en
oai:mpra.ub.uni-muenchen.de:68648
2019-09-29T22:01:14Z
7374617475733D696E7072657373
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4F:4F31:4F3130
7375626A656374733D4F:4F31:4F3137
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/68648/
The Impact of Variations in Institutional Grafting Modes on Economic Growth: A Three-Dimensional Approach
Tamilina, Larysa
Tamilina, Natalya
K40 - General
O10 - General
O17 - Formal and Informal Sectors ; Shadow Economy ; Institutional Arrangements
This article explains the peculiarities of institutional effects on growth rates in post-communist countries. By proposing a certain dependence of the institution-growth nexus on the mode of institutional grafting, the distinction between drift-phase and path-breaking institutional change is introduced. Theoretical juxtapositions show that transition countries’ institutions built through path-breaking institutional reforms differ from those that emerge evolutionarily in the drift phase in a twofold manner in their relationship to growth. Growth rates of their economies are less likely to depend on the quality of legal institutions and are more likely to be a function of the maturity of political institutions. In addition, legal institutional change in the post-communist world is a product of the quality of the political environment to a greater extent than their drift-phase alternatives. These propositions are tested empirically based on a sample of 87 countries derived from the POLITY IV Project's website.
2015-04-16
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/68648/1/MPRA_paper_68648.pdf
Tamilina, Larysa and Tamilina, Natalya (2015): The Impact of Variations in Institutional Grafting Modes on Economic Growth: A Three-Dimensional Approach. Forthcoming in:
en
oai:mpra.ub.uni-muenchen.de:69143
2019-09-29T16:09:37Z
7374617475733D696E7072657373
7375626A656374733D4A:4A36:4A3630
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/69143/
Crime and Unemployment in Greece: Evidence Before and During the Crisis
Laliotis, Ioannis
J60 - General
K40 - General
This paper explores the relationship between unemployment and crime in Greece before and during the crisis using panel data at the regional level for the period 1999-2013. The results indicate the operation of a positive relationship between specific crime categories and male unemployment only during the crisis, a weaker effect of long term unemployment only on the total criminal activity and they reveal the existence of significant dynamics.
2015-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/69143/1/MPRA_paper_69143.pdf
Laliotis, Ioannis (2015): Crime and Unemployment in Greece: Evidence Before and During the Crisis. Forthcoming in: Economics and Business Letters , Vol. 5, No. 1
en
oai:mpra.ub.uni-muenchen.de:72582
2019-10-04T06:03:47Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4E:4E34:4E3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/72582/
French legal origins: A Tocquevilian view
Crettez, Bertrand
Deffains, Bruno
Musy, Olivier
K40 - General
N40 - General, International, or Comparative
We provide an alternative explanation of French legal centralization. To do this we develop a rational choice model of the legal architecture around 1789 and the French Revolution. Following Tocqueville we propose to analyze the French movement towards legal centralization as the result of an increase in the aversion to inequality before the law. We show that legal centralization can be preferred to the "Ancien Régime" situation or intermediate legal decentralization if the aversion to legal differences is sufficiently strong. In addition, we show that when the legal system is centralized it is always optimal to allow some degree of judicial discretion. This result is consistent with the historical evidence that the Napoleonic codification, i.e., the culmination of French legal centralization, was associated with a higher degree of judicial discretion than at the beginning of the Revolution. This view contrasts with the interpretation of the Napoleonic codification as a means of transforming judges into automata.
2016-03
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/72582/1/MPRA_paper_72582.pdf
Crettez, Bertrand and Deffains, Bruno and Musy, Olivier (2016): French legal origins: A Tocquevilian view.
en
oai:mpra.ub.uni-muenchen.de:73048
2019-10-07T10:54:07Z
7374617475733D756E707562
7375626A656374733D44:4437:443732
7375626A656374733D44:4438:443832
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/73048/
Secret ballots and costly information gathering: the jury size problem revisited
Guha, Brishti
D72 - Political Processes: Rent-Seeking, Lobbying, Elections, Legislatures, and Voting Behavior
D82 - Asymmetric and Private Information ; Mechanism Design
K40 - General
Suppose paying attention during jury trials is costly, but that jurors do not pool information (as in contemporary Brazil, or ancient Athens). If inattentive jurors are as likely to be wrong as right, I find that small jury panels work better as long as identical jurors behave symmetrically. If not paying attention makes error more likely than not, jurors may co-ordinate on two different symmetric outcomes: a “high-attention” one or a “low attention” one. If social norms stigmatize shirking, jurors co-ordinate on the high-attention equilibrium, and a smaller jury yields better outcomes. However, increasing the jury up to a finite bound works better if norms are tolerant of shirking, in which case co-ordination on the low-attention outcome results. If the cost of attention is high, a bare majority of jurors pay attention, and efficiency increases in jury size up to a bound. The model also applies to elections and referendums.
2016-08-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/73048/1/MPRA_paper_73048.pdf
Guha, Brishti (2016): Secret ballots and costly information gathering: the jury size problem revisited.
en
oai:mpra.ub.uni-muenchen.de:74762
2019-09-26T13:20:43Z
7374617475733D707562
7375626A656374733D47:4732:473230
7375626A656374733D4B:4B32:4B3230
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/74762/
How Islamic is the diminishing musharkah model used for home financing?
Hasan, Zubair
G20 - General
K20 - General
K40 - General
Abstract. For financing consumer durables like houses, cars or computers, conventional banks use what are called the equated monthly installment (EMI) models. EMI is the fixed payment a borrower makes to a lender to pay off both interest and principal each month sothat over a specified number of years, the loan amount is cleared in full. Islamic banks have followed the practice using EMI on diminishing musharakah partnership basis. The model is popularly known as the MMP, an abbreviation of its Arabic nomenclature. The defining character of this model is increasing amortization of capital through a customer buy back
provision in the agreement. We have shown more than once that models of the sort invariably involve compounding of return on capital and pass the ownership of property to
the client at a slower rate than the rate of capital amortization until the contract is concluded. This paper provides additional evidence and documentation to reiterate that the MMP exhibits the same characteristics and is not, therefore, Shari‟ah compliant. We propose an alternative model free of the indicated blemishes, having additional advantages as well.
2016-06
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/74762/1/MPRA_paper_74762.pdf
Hasan, Zubair (2016): How Islamic is the diminishing musharkah model used for home financing? Published in: Turkish Economic Review , Vol. 3, No. 3 (September 2016): pp. 443-452.
en
oai:mpra.ub.uni-muenchen.de:74763
2019-09-26T14:15:44Z
7374617475733D707562
7375626A656374733D42:4231:423130
7375626A656374733D42:4233:423330
7375626A656374733D47:4732:473230
7375626A656374733D4B:4B32:4B3230
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/74763/
Nature and significance of Islamic economics
Hasan, Zubair
B10 - General
B30 - General
G20 - General
K20 - General
K40 - General
Islamic economics has of late landed in confusion and neglect and much concern is being voiced on this state of affairs. The divergence of views on various aspects of the subject tends to grow, cohesive efforts are missing. It is in this context that the present paper takes a look at the nature and significance of Islamic economics and examines the issues of its definition, nature and scope, the questions of methods and methodology, system approach, the problems that seems to hinder its growth, the challenges Islamic economics faces today and how the same can be faced. Since the differences between the Islamic and mainstream economic disciplines stem from the divergent worldviews that condition them, the discussion opens on the topic as background material. This paper is a part of draft Chapter of a book under preparation on Islamic economics and finance. Comments and suggestions are welcome but the paper or its parts cannot be put to any commercial or unfair use.
2016-06
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/74763/1/MPRA_paper_74763.pdf
Hasan, Zubair (2016): Nature and significance of Islamic economics. Published in: Nature and significance of Islamic economics , Vol. 3, No. 3 (September 2016): pp. 400-418.
en
oai:mpra.ub.uni-muenchen.de:78696
2019-10-11T04:48:39Z
7374617475733D707562
7375626A656374733D41:4131:413130
7375626A656374733D41:4131:413139
7375626A656374733D42:4234:423430
7375626A656374733D42:4235:423539
7375626A656374733D43:4331:433138
7375626A656374733D44:4438:443834
7375626A656374733D45:4531
7375626A656374733D45:4531:453139
7375626A656374733D47:4730:473031
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/78696/
Concordian economics and the economic bubble
Gorga, Carmine
A10 - General
A19 - Other
B40 - General
B59 - Other
C18 - Methodological Issues: General
D84 - Expectations ; Speculations
E1 - General Aggregative Models
E19 - Other
G01 - Financial Crises
K40 - General
In Concordian economics, a bubble is defined as a separation of monetary values from values of real wealth. This separation is effected by the fundamental proposition of Concordian economics: Investment is income minus hoarding. This definition, in turn, allows us to identify a set of crucial relationships that exist in the economic process, namely more hoarding, less investment and less growth; more hoarding, more inflation; more hoarding, more poverty.
2016-08-15
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/78696/1/MPRA_paper_78696.pdf
Gorga, Carmine (2016): Concordian economics and the economic bubble. Published in: Econintersect , Vol. NA, No. Daily Internet newsletter (15 August 2016): NA-NA.
en
oai:mpra.ub.uni-muenchen.de:79804
2019-10-04T19:16:55Z
7374617475733D707562
7375626A656374733D47:4731
7375626A656374733D47:4732:473230
7375626A656374733D47:4732:473231
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B32:4B3230
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/79804/
The Economic and Legal Significance of “Full” Deposit Availability
Bagus, Philipp
Howden, David
G1 - General Financial Markets
G20 - General
G21 - Banks ; Depository Institutions ; Micro Finance Institutions ; Mortgages
K10 - General
K20 - General
K40 - General
Bank deposits have two characteristics: they are available on demand and at par value. Deposit redemptions face, at least given current technology, a lag between when they are requested and when they are delivered. This fact leads some to argue that as a deposit is not fully available, all deposits are, in fact, loans and that the legal obligation of the bank changes. We argue that this lag does not nullify the original economic intent of the deposit, and hence, does not alter the legal obligations that a depository faces. Deposits must be held safely to ensure that the depositor´s money will be available when an unforeseen event occurs.
2016
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/79804/1/MPRA_paper_79804.pdf
Bagus, Philipp and Howden, David (2016): The Economic and Legal Significance of “Full” Deposit Availability. Published in: European Journal of Law and Economics , Vol. 1, No. 41 (2016): pp. 243-254.
en
oai:mpra.ub.uni-muenchen.de:80057
2019-09-27T03:51:14Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3431
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/80057/
The Role of Precedents on Court Delay - Evidence from a civil law country
Berlemann, Michael
Christmann, Robin
K40 - General
K41 - Litigation Process
Court delay frustrates economic behavior. Surprisingly, the impact of a coherent jurisdiction for the timely resolution of legal disputes has so far received little attention in civil law countries. Consequently, this paper examines the nexus between court delay and the availability of legal precedents. We model litigation as a two-stage rent seeking game, and find that precedents curb strategic behavior. Thus, the excessive use of party resources in litigation, such as time, is reduced if a precedent is applicable. Using judge-level data of a German trial court, we provide first empirical evidence on the role of precedents for case disposition time and the probability of reversal in a civil law country. Our results show that the availability of precedents significantly contributes to a reduction in delay, and also decreases the probability of reversal. Interestingly, we find no such influence for the citation of legal literature in verdicts.
2017-02-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/80057/1/MPRA_paper_80057.pdf
Berlemann, Michael and Christmann, Robin (2017): The Role of Precedents on Court Delay - Evidence from a civil law country.
en
oai:mpra.ub.uni-muenchen.de:88522
2019-09-27T15:08:57Z
7374617475733D696E7072657373
7375626A656374733D44:4433:443331
7375626A656374733D49:4931:493130
7375626A656374733D49:4933:493332
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4F:4F35:4F3535
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/88522/
Understanding Sub-Saharan Africa’s Extreme Poverty Tragedy
Asongu, Simplice
le Roux, Sara
D31 - Personal Income, Wealth, and Their Distributions
I10 - General
I32 - Measurement and Analysis of Poverty
K40 - General
O55 - Africa
Motivated by a recent World Bank report on achieving of Millennium Development Goals which shows that poverty has been declining in all regions of the world with the exception of sub-Saharan Africa (SSA), this study puts some empirical structure to theoretical and qualitative studies on the reconciliation of the Beijing Model with the Washington Consensus. It tests the hypothesis that compared to middle income countries, low income countries would achieve more inclusive development by focusing on economic governance as opposed to political governance. The empirical evidence is based on interactive and non-interactive fixed effects regressions and 49 countries in SSA for the period 2000-2012. The findings confirm the investigated hypothesis. As the main policy implication, in order to address inclusive development challenges in the post-2015 development agenda in SSA, it would benefit low income countries in the sub-region to prioritise economic governance. Other theoretical and practical contributions are also discussed.
2018-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/88522/1/MPRA_paper_88522.pdf
Asongu, Simplice and le Roux, Sara (2018): Understanding Sub-Saharan Africa’s Extreme Poverty Tragedy. Forthcoming in: International Journal of Public Administration
en
oai:mpra.ub.uni-muenchen.de:90855
2019-09-28T17:49:11Z
7374617475733D707562
7375626A656374733D4B:4B31:4B3132
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/90855/
PEMBIAYAAN BANK SYARIAH
Naendhy Sunaendy, Lilla Fadhilah
K12 - Contract Law
K40 - General
This paper aims to describe more deeply the understanding of Islamic bank financing. As a country that is predominantly Muslim, it should be expected that the presence of Islamic banks in Indonesia is something to be expected. A bank is an industry that operates in the field of trust, which in this case is a financial intermediary between debtors and creditors. Islamic banks function as intermediary institutions, which function to collect funds from the community and redistribute these funds to the people who need them in the form of financing. namely to collect funds from the community and redistribute these funds to the people who need them in the form of financing. Financing is the largest source of income for Islamic banks, but at the same time is the biggest source of risk for business operations. Therefore, these funds must be used correctly, fairly, and must be accompanied by bonds and clear conditions that are mutually beneficial for both parties.
2017-05-13
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/90855/1/MPRA_paper_90855.pdf
Naendhy Sunaendy, Lilla Fadhilah (2017): PEMBIAYAAN BANK SYARIAH. Published in: PEMBIAYAAN BANK SYARIAH No. PEMBIAYAAN (26 December 2018): pp. 1-11.
id
oai:mpra.ub.uni-muenchen.de:90867
2019-09-26T20:55:35Z
7374617475733D756E707562
7375626A656374733D4B:4B31:4B3132
7375626A656374733D4B:4B34
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/90867/
PEMBAHASAN PEMBIAYAN MUDHARABAH
Meilindawati, Rahayu Meilindawati
K12 - Contract Law
K4 - Legal Procedure, the Legal System, and Illegal Behavior
K40 - General
abstract
Mudharabah agreement is different from the financing agreement in banking in general (conventional banking). Conventional banking in general offers financing by determining certain interest rates and returns on capital that mudharib has used for a certain period of time. However, the mudharabah contract does not specify a certain interest rate on mudarib which uses mudharabah financing, but requires that the mudarib provide profit sharing from the benefits obtained by mudharib.
2017-11-24
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/90867/1/MPRA_paper_90867.pdf
Meilindawati, Rahayu Meilindawati (2017): PEMBAHASAN PEMBIAYAN MUDHARABAH.
id
oai:mpra.ub.uni-muenchen.de:91685
2019-10-01T09:39:39Z
7374617475733D707562
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/91685/
Съдебните производства по закона за защита от дискриминация
Shirvanyan, Mariyana
K40 - General
Резюме: В Закона за защита от дискриминация са регламентирани различни съдебни производства. В този доклад ще направя анализ на разпоредбите, регламентиращи различните съдебни производства, ще посоча проблемите, които възникват в процеса на правоприлагане, и ще предложа законодателни промени за преодоляване на поставените проблеми.
Summary: The different judicial court proceedings are regulated by the Protection against Discrimination Act. Hereafter, in this report, I will analyze the provisions regulating the various legal court proceedings, I will identify and point on the problems that arise in the law enforcement process and I will propose legislative changes to overcome the problems raised.
2018
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/91685/1/MPRA_paper_91685.pdf
Shirvanyan, Mariyana (2018): Съдебните производства по закона за защита от дискриминация. Published in: Защита срещу дискриминацията: правна уредба, проблеми и тенденции (2018): pp. 176-184.
bg
oai:mpra.ub.uni-muenchen.de:92057
2019-09-29T11:33:56Z
7374617475733D696E7072657373
7375626A656374733D44:4433:443331
7375626A656374733D49:4931:493130
7375626A656374733D49:4933:493332
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4F:4F35:4F3535
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/92057/
Introduction
Asongu, Simplice
D31 - Personal Income, Wealth, and Their Distributions
I10 - General
I32 - Measurement and Analysis of Poverty
K40 - General
O55 - Africa
This special section aims to advance scholarship on well-being and happiness in Africa. The section covers theoretical, conceptual and empirical contributions which address relevant areas that enhance extant knowledge on linkages between poverty, happiness and well-being in Africa.
2018-11
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/92057/1/MPRA_paper_92057.pdf
Asongu, Simplice (2018): Introduction. Forthcoming in: International Journal of Happiness and Development
en
oai:mpra.ub.uni-muenchen.de:93106
2019-09-29T19:58:40Z
7374617475733D707562
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/93106/
Съдебните производства по закона за защита от дискриминация
Shirvanyan, Mariyana
K40 - General
Резюме: В Закона за защита от дискриминация са регламентирани различни съдебни производства. В този доклад ще направя анализ на разпоредбите, регламентиращи различните съдебни производства, ще посоча проблемите, които възникват в процеса на правоприлагане, и ще предложа законодателни промени за преодоляване на поставените проблеми.
Summary: The different judicial court proceedings are regulated by the Protection against Discrimination Act. Hereafter, in this report, I will analyze the provisions regulating the various legal court proceedings, I will identify and point on the problems that arise in the law enforcement process and I will propose legislative changes to overcome the problems raised.
2018
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/93106/1/MPRA_paper_91685.pdf
Shirvanyan, Mariyana (2018): Съдебните производства по закона за защита от дискриминация. Published in: Защита срещу дискриминацията: правна уредба, проблеми и тенденции (2018): pp. 176-184.
bg
oai:mpra.ub.uni-muenchen.de:95544
2019-09-27T10:26:01Z
7374617475733D707562
7375626A656374733D43:4332:433232
7375626A656374733D48:4832:483237
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3439
7375626A656374733D4C:4C38:4C3833
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/95544/
Evaluating the Impact of Crime on Tourism in Barbados: A Transfer Function Approach
Lorde, Troy
C22 - Time-Series Models ; Dynamic Quantile Regressions ; Dynamic Treatment Effect Models ; Diffusion Processes
H27 - Other Sources of Revenue
K40 - General
K49 - Other
L83 - Sports ; Gambling ; Restaurants ; Recreation ; Tourism
The impact of crime on tourism to Barbados was examined using a transfer function approach. Results indicate that an increase in the overall crime rate has a negative and significant impact on
arrivals to the island, and the fall-off is delayed, starting 6 months after a one-unit increase in the crime rate. The impulse response function shows that a 1% shock to crime reduces arrivals to Barbados, but takes about 20 months for arrivals to return to normalcy. This results in direct income losses of US$47,000 and indirect losses of US$108,000. Impacts for murder, assault with intent to rob, rape, and residential burglary rates were also investigated. Qualitatively, the results resemble those for the overall crime rate; however, the magnitudes of the impacts are greater and income losses are generally in the millions. Given the country’s dependence on tourism receipts to sustain its current
account, shocks to the crime rate can lead to balance of payment problems. Since there is a lag before the impact of increases in crime takes its full toll on arrivals, it is advised that at the first sign
of heightened criminal activity policy makers should act to minimize losses.
2012-04-25
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/95544/1/MPRA_paper_95544.pdf
Lorde, Troy (2012): Evaluating the Impact of Crime on Tourism in Barbados: A Transfer Function Approach. Published in: Tourism Analysis , Vol. 18, No. 2 (2013): pp. 183-191.
en
oai:mpra.ub.uni-muenchen.de:100958
2020-06-17T10:19:53Z
7374617475733D756E707562
7375626A656374733D42:4234:423430
7375626A656374733D4B:4B31
7375626A656374733D4B:4B34
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4D:4D31:4D3130
7375626A656374733D50:5030:503030
7375626A656374733D50:5031:503136
7375626A656374733D5A:5A31:5A3132
7375626A656374733D5A:5A31:5A3138
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/100958/
King, Fuller and Dworkin on Natural Law and Hard Cases
Rashid, Muhammad Mustafa
B40 - General
K1 - Basic Areas of Law
K4 - Legal Procedure, the Legal System, and Illegal Behavior
K40 - General
M10 - General
P00 - General
P16 - Political Economy
Z12 - Religion
Z18 - Public Policy
The debate between natural law and positivist law has been received much attention. Ronald Dworkin exposes the limitation of positivist law through the argument of hard cases. This argument is furthered strengthened when we apply the interpretation of Martin Luther King Jr and the voluntarist natural law tradition, and Lon Fuller’s ‘procedural view’ and the application of the ‘principles of legality’.
2017-05-19
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/100958/1/MPRA_paper_100958.pdf
Rashid, Muhammad Mustafa (2017): King, Fuller and Dworkin on Natural Law and Hard Cases.
en
oai:mpra.ub.uni-muenchen.de:101134
2020-06-15T08:21:32Z
7374617475733D696E7072657373
7375626A656374733D44:4433:443331
7375626A656374733D49:4931:493130
7375626A656374733D49:4933:493332
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4F:4F35:4F3535
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/101134/
Income Levels, Governance and Inclusive Human Development in Sub-Saharan Africa
Asongu, Simplice
Odhiambo, Nicholas
D31 - Personal Income, Wealth, and Their Distributions
I10 - General
I32 - Measurement and Analysis of Poverty
K40 - General
O55 - Africa
This study examines how income-driven governance affects inclusive human development in Sub-Saharan Africa with data for the period 2000-2012. The empirical evidence is based on the Generalised Method of Moments (GMM) and Tobit regressions. Nine bundled and unbundled concepts of governance are used: political (voice & accountability and political stability/no violence), economic (government effectiveness and regulation quality) and institutional (corruption-control and the rule of law) governances. The main finding is that ‘middle income’-driven governance has a higher effect on inclusive human development than ‘low income’-driven governance. Policy implications are discussed in the light of: (i) the contemporary relevance of findings; (ii) the pivotal role of a higher income level in the post-2015 sustainable development agenda; and (iii) inconsistent strands in the literature and in foreign aid policies.
2019-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/101134/1/MPRA_paper_101134.pdf
Asongu, Simplice and Odhiambo, Nicholas (2019): Income Levels, Governance and Inclusive Human Development in Sub-Saharan Africa. Forthcoming in: Applied Research in Quality of Life
en
oai:mpra.ub.uni-muenchen.de:103142
2020-09-27T18:15:39Z
7374617475733D696E7072657373
7375626A656374733D44:4433:443331
7375626A656374733D49:4931:493130
7375626A656374733D49:4933:493332
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4F:4F35:4F3535
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/103142/
Inclusive Human Development in Sub-Saharan Africa
Asongu, Simplice
Nnanna, Joseph
D31 - Personal Income, Wealth, and Their Distributions
I10 - General
I32 - Measurement and Analysis of Poverty
K40 - General
O55 - Africa
This study assesses the role of income levels (low and middle) in modulating governance (political and economic) to influence inclusive human development. The empirical evidence is based on interactive quantile regressions and forty-nine countries in sub-Saharan Africa for the period 2000-2002.The following main findings are established. First, low income modulates governance (economic and political) to positively affect inclusive human development exclusively in countries with above-median levels of inclusive human development. It follows that countries with averagely higher levels of inclusive human development are more likely to benefit from the relevance of income levels in influencing governance for inclusive development. Second, the importance of middle income in modulating political governance to positively affect inclusive human is apparent exclusively in the median while the relevance of middle income in moderating economic governance to positively influence inclusive human development is significantly apparent in the 10th and 75th quantiles. Third, regardless of panels, income levels modulate economic governance to affect inclusive human development at a higher magnitude, compared to political governance. Policy implications are discussed in the light of the post-2015 agenda of sustainable development goals and contemporary development paradigms. This study complements the extant sparse literature on the inclusive human development in Africa.
2020-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/103142/1/MPRA_paper_103142.pdf
Asongu, Simplice and Nnanna, Joseph (2020): Inclusive Human Development in Sub-Saharan Africa. Forthcoming in: Journal of Enterprising Communities: People and Places in the Global Economy
en
oai:mpra.ub.uni-muenchen.de:104132
2020-11-14T08:35:19Z
7374617475733D756E707562
7375626A656374733D43:4331:433133
7375626A656374733D43:4332:433233
7375626A656374733D48:4831:483131
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/104132/
The synthetic control method: Small T, small N Monte Carlo evidence and an application to the effects of privatizing probation services on revoke rates
Süß, Philipp
C13 - Estimation: General
C23 - Panel Data Models ; Spatio-temporal Models
H11 - Structure, Scope, and Performance of Government
K40 - General
Relying on synthetic controls to estimate treatment effects recently gained popularity in applied econometrics. The small sample properties of the synthetic control estimator are however not suffciently investigated and even the proofs of consistency impose a factor model and require either the pre-treatment period or the pre-treatment period and the size of the donor pool going to infinity. Since applications often ignore the lack of statistical foundation in small samples, a small T small N Monte Carlo study covering standard econometric models like the ones from Differences-in-Differences setups, heterogeneous ADLX models with and without unit roots and random coeffcient models is conducted. The results suggest that the estimator is frequently unbiased, that unit roots
are problematic and that a main placebo test has good size and mediocre power properties. Furthermore, the synthetic control method is used to estimate the causal effect of outsourcing probation and parole services on revoke rates by exploiting a natural experiment in Germany. Results provide evidence against increases in revoke rates due to outsourcing.
2016-07-05
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/104132/1/MPRA_paper_104107.pdf
Süß, Philipp (2016): The synthetic control method: Small T, small N Monte Carlo evidence and an application to the effects of privatizing probation services on revoke rates.
en
oai:mpra.ub.uni-muenchen.de:105009
2020-12-31T06:46:56Z
7374617475733D756E707562
7375626A656374733D48:4831
7375626A656374733D4B:4B30
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3431
7375626A656374733D4E:4E34:4E3430
7375626A656374733D4E:4E34:4E3433
7375626A656374733D50:5034:503438
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/105009/
State Capacity, Legal Design and the Venality of Judicial Offices
Crettez, Bertrand
Deffains, Bruno
Musy, Olivier
Tallec, Ronan
H1 - Structure and Scope of Government
K0 - General
K40 - General
K41 - Litigation Process
N40 - General, International, or Comparative
N43 - Europe: Pre-1913
P48 - Political Economy ; Legal Institutions ; Property Rights ; Natural Resources ; Energy ; Environment ; Regional Studies
Judicial venality, i.e., the sales of public positions in the judicial sector, was used extensively in France and in Europe from the 16th to the 18th centuries. Offices were bought because judges received trial fees from litigants. Kings sold them because they needed money, at the cost of losing control of the judiciary. We develop a model of judicial venality and we rely on this model to provide an analytic narrative of the rise and the decline of judicial venality in Old Regime France. Historically, judicial venality improved French legal capacity despite limited opportunities to raise taxes and borrow. But judicial venality also sharply increased legal diversity which, in addition to lengthy and costly trials caused its final demise.
2020-12-25
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/105009/1/MPRA_paper_105009.pdf
Crettez, Bertrand and Deffains, Bruno and Musy, Olivier and Tallec, Ronan (2020): State Capacity, Legal Design and the Venality of Judicial Offices.
en
oai:mpra.ub.uni-muenchen.de:106087
2021-02-16T14:45:11Z
7374617475733D756E707562
7375626A656374733D4A:4A31:4A3134
7375626A656374733D4A:4A31:4A3136
7375626A656374733D4B:4B31:4B3134
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/106087/
Exclusion of Extreme Jurors and Minority Representation: The Effect of Jury Selection Procedures
Moro, Andrea
Van der Linden, Martin
J14 - Economics of the Elderly ; Economics of the Handicapped ; Non-Labor Market Discrimination
J16 - Economics of Gender ; Non-labor Discrimination
K14 - Criminal Law
K40 - General
We compare two established jury selection procedures meant to safeguard against the inclusion of biased jurors that are also perceived as causing minorities to be under-represented in juries.
The Strike and Replace procedure presents potential jurors one-by-one to the parties, while the Struck procedure presents all potential jurors before the parties exercise vetoes.
In equilibrium, Struck more effectively excludes extreme jurors than Strike and Replace but leads to a worse representation of minorities.
Simulations suggest that the advantage of Struck in terms of excluding extremes is sizable in a wide range of cases.
In contrast, Strike and Replace only provides a significantly better representation of minorities if the minority and majority are heavily polarized.
When parameters are estimated to match the parties' selection of jurors by race with jury-selection data from Mississippi in trials against black defendants, the procedures' outcomes are substantially different, and the size of the trade-off between objectives can be quantitatively evaluated.
2021-02-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/106087/1/MPRA_paper_106087.pdf
Moro, Andrea and Van der Linden, Martin (2021): Exclusion of Extreme Jurors and Minority Representation: The Effect of Jury Selection Procedures.
en
oai:mpra.ub.uni-muenchen.de:107635
2021-05-10T09:48:17Z
7374617475733D756E707562
7375626A656374733D4A:4A36:4A3630
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4C:4C31:4C3133
7375626A656374733D4F:4F33:4F3334
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/107635/
Stronger Patent Regime, Innovation and Scientist Mobility
Ganguly, Madhuparna
J60 - General
K40 - General
L13 - Oligopoly and Other Imperfect Markets
O34 - Intellectual Property and Intellectual Capital
This paper analyzes the effects of a stronger patent regime on innovation incentives, patenting propensity and scientist mobility when an innovating firm can partially recover its damage due to scientist movement from the infringing rival. The strength of the patent system, which is a function of litigation success probability and damage recovery proportion, stipulates expected indemnification. We show that stronger patents fail to reduce the likelihood of infringement and further, decrease the innovation's expected profitability. Higher potential reparation also reduces the scientist's expected return on R&D knowledge, entailing greater R&D investment. Our results suggest important considerations for patent reforms.
2021
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/107635/1/MPRA_paper_107635.pdf
Ganguly, Madhuparna (2021): Stronger Patent Regime, Innovation and Scientist Mobility.
en
oai:mpra.ub.uni-muenchen.de:107734
2021-05-18T09:51:40Z
7374617475733D756E707562
7375626A656374733D4A:4A36:4A3630
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4C:4C31:4C3133
7375626A656374733D4F:4F33:4F3334
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/107734/
Stronger Patent Regime, Innovation and Scientist Mobility
Ganguly, Madhuparna
J60 - General
K40 - General
L13 - Oligopoly and Other Imperfect Markets
O34 - Intellectual Property and Intellectual Capital
This paper analyzes the effects of a stronger patent regime on innovation incentives, patenting propensity and scientist mobility when an innovating firm can partially recover its damage due to scientist movement from the infringing rival. The strength of the patent system, which is a function of litigation success probability and damage recovery proportion, stipulates expected indemnification. We show that stronger patents fail to reduce the likelihood of infringement and further, decrease the innovation's expected profitability. Higher potential reparation also reduces the scientist's expected return on R&D knowledge, entailing greater R&D investment. Our results suggest important considerations for patent reforms.
2021-05-15
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/107734/1/MPRA_paper_107635.pdf
Ganguly, Madhuparna (2021): Stronger Patent Regime, Innovation and Scientist Mobility.
en
oai:mpra.ub.uni-muenchen.de:107861
2021-05-21T13:33:40Z
7374617475733D756E707562
7375626A656374733D43:4332:433233
7375626A656374733D43:4332:433236
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4F:4F34:4F3433
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/107861/
Judicial Efficiency and Economic Growth: Evidence based on EU data
Rizos, Anastasios
Kapopoulos, Panayotis
C23 - Panel Data Models ; Spatio-temporal Models
C26 - Instrumental Variables (IV) Estimation
K40 - General
O43 - Institutions and Growth
The growth-enhancing property of a well-functioned judicial system is documented on the back of the safeguarding of property rights and legal investor protection, the well-functioning of financial markets, the support to entrepreneurship and the upholding of the firm growth. We investigate the effects of judicial efficiency on economic growth, using a new dataset over the period 2010-2018 drawn by the EU Justice Scoreboard study. More specifically, we estimate a static growth equation controlling for alternative judicial efficiency measures. Our findings corroborate that the inefficiencies in the operation of judicial systems pose obstacles to economic growth, and consequently, positive developments in judicial efficiency can be growth enhancing. Specifically, inefficiencies in the operation of judicial systems, measured alternatively as (a) lengthier court proceedings, (b) lower rates of clearance of accumulated unresolved cases, (c) increasing burden of pending cases and (d) a high inflow of new cases, all undermine economic growth. Our results justify the further adoption of judicial reforms in European Union members, that strengthen the enforcement of private contracts, incentivizing the domestic and external investment decisions and supporting the European economies to achieve and sustain robust growth rates. Finally, we find that civil origin legal systems, which are characterized by a higher degree of formalism in judicial procedures relative to common law origin systems, hinder economic growth.
2021-05
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/107861/1/MPRA_paper_107861.pdf
Rizos, Anastasios and Kapopoulos, Panayotis (2021): Judicial Efficiency and Economic Growth: Evidence based on EU data.
en
oai:mpra.ub.uni-muenchen.de:107951
2021-05-26T01:31:52Z
7374617475733D756E707562
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4E:4E30
7375626A656374733D4E:4E32:4E3230
7375626A656374733D4E:4E32:4E3233
7375626A656374733D5A:5A31:5A3130
7375626A656374733D5A:5A31:5A3133
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/107951/
A discussion regarding the economic and legal rights of women in Classical Athens (508-323 BCE)
Economou, Emmanouel/Marios/Lazaros
K40 - General
N0 - General
N20 - General, International, or Comparative
N23 - Europe: Pre-1913
Z10 - General
Z13 - Economic Sociology ; Economic Anthropology ; Social and Economic Stratification
This paper sheds some light to the position of women in Classical Greece regarding their economic and legal rights including property rights and standing in marriage. In essence, the paper cautions against sweeping generalizations about the view of women in Ancient Greece as lower-class citizens and offers a more nuanced view of women.
2020-03-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/107951/1/MPRA_paper_107951.pdf
Economou, Emmanouel/Marios/Lazaros (2020): A discussion regarding the economic and legal rights of women in Classical Athens (508-323 BCE).
en
oai:mpra.ub.uni-muenchen.de:110518
2021-11-07T21:58:57Z
7374617475733D696E7072657373
7375626A656374733D47:4732:473230
7375626A656374733D47:4732:473231
7375626A656374733D47:4732:473238
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B31:4B3132
7375626A656374733D4B:4B32:4B3233
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3432
7375626A656374733D4B:4B34:4B3439
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/110518/
Financial inclusion and legal system quality: are they correlated?
Ozili, Peterson Kitakogelu
G20 - General
G21 - Banks ; Depository Institutions ; Micro Finance Institutions ; Mortgages
G28 - Government Policy and Regulation
K00 - General
K12 - Contract Law
K23 - Regulated Industries and Administrative Law
K40 - General
K42 - Illegal Behavior and the Enforcement of Law
K49 - Other
This study investigates the correlation between financial inclusion and legal system quality among developed countries from 2004 to 2012. The findings reveal a positive correlation between financial inclusion and legal system quality. The findings suggest that improvements in legal system quality goes hand in hand with improvements in the level of financial inclusion. More specifically, higher supply of ATM per 100,000 adults is correlated with stronger insolvency resolution framework among G7, European and non-European countries. Also, the number of bank branch per 100,000 adults is positively correlated with strong rule of law and legal rights in non-European countries. Also, the number of ATMs per 100,000 adults is positively correlated with strength of insolvency resolution framework and negatively correlated with the time it takes to resolve insolvency before, during and after the global financial crisis.
2021-12
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/110518/1/MPRA_paper_110518.pdf
Ozili, Peterson Kitakogelu (2021): Financial inclusion and legal system quality: are they correlated? Forthcoming in: Journal of Money and Business
en
oai:mpra.ub.uni-muenchen.de:110685
2021-11-14T16:58:42Z
7374617475733D756E707562
7375626A656374733D44:4433:443331
7375626A656374733D49:4931:493130
7375626A656374733D49:4933:493332
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4F:4F35:4F3535
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/110685/
Human development and governance in Africa: do good fences make good neighbours?
Asongu, Simplice
Diop, Samba
D31 - Personal Income, Wealth, and Their Distributions
I10 - General
I32 - Measurement and Analysis of Poverty
K40 - General
O55 - Africa
In this paper, we revisit the relationship between governance and human development in Africa during the period 2010-2019 taking into account the existence of spatial dependence and controlling the endogeneity problem through a Generalized Spatial Two Stage Least Squares (2SLS). The exploratory spatial data analysis reveals the existence of spatial dependence of human development and governance quality. Our empirical findings support that in Africa, “good fences make good neighbours” or proximity matters in the distribution of human development. Implications are discussed.
2021-01
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/110685/1/MPRA_paper_110685.pdf
Asongu, Simplice and Diop, Samba (2021): Human development and governance in Africa: do good fences make good neighbours?
en
oai:mpra.ub.uni-muenchen.de:114352
2022-09-21T07:04:30Z
7374617475733D756E707562
7375626A656374733D4B:4B30:4B3030
7375626A656374733D4B:4B32:4B3233
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4B:4B34:4B3432
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/114352/
Legalising Recreational Cannabis Sativa as forex cash cow for Malawi – Focussing on what buyer wants
Phiri Kampanje, Brian
K00 - General
K23 - Regulated Industries and Administrative Law
K40 - General
K42 - Illegal Behavior and the Enforcement of Law
Any discussions surrounding legalisation of recreational cannabis is a taboo in Malawi in view of stiff penalties under the Dangerous Drugs Act 1956 as well as strong roots of religious beliefs against it. This is despite the country paying a blind eye to recreational cannabis tourism for its renowned local cannabis strains known across the global as Malawi Gold. This paper argues that Malawi has a tough choice on whether to decriminalise the industry to earn at least half a billion USD annually or let the black market continue to thrive to the detriment of Malawians’ well-being.
2022-08-15
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/114352/7/MPRA_paper_114352.pdf
Phiri Kampanje, Brian (2022): Legalising Recreational Cannabis Sativa as forex cash cow for Malawi – Focussing on what buyer wants.
en
oai:mpra.ub.uni-muenchen.de:116855
2023-03-30T07:20:53Z
7374617475733D756E707562
7375626A656374733D42:4235:423532
7375626A656374733D43:4330
7375626A656374733D43:4331
7375626A656374733D44:4436
7375626A656374733D44:4436:443633
7375626A656374733D44:4437
7375626A656374733D44:4437:443732
7375626A656374733D4B:4B31
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34
7375626A656374733D4B:4B34:4B3430
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/116855/
Separability & Permissiveness for Separation of Powers
Mughal, Adil Ahmad
B52 - Institutional ; Evolutionary
C0 - General
C1 - Econometric and Statistical Methods and Methodology: General
D6 - Welfare Economics
D63 - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
D7 - Analysis of Collective Decision-Making
D72 - Political Processes: Rent-Seeking, Lobbying, Elections, Legislatures, and Voting Behavior
K1 - Basic Areas of Law
K10 - General
K4 - Legal Procedure, the Legal System, and Illegal Behavior
K40 - General
This paper gives a theoretical proof for a question of constitutional law namely the principle of the separation of powers (SP). By defining a democratic process to be permissive (P) and separable (S) it proves that SP is a democratic, S & P, outcome.
2023-03-29
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/116855/1/MPRA_paper_116855.pdf
Mughal, Adil Ahmad (2023): Separability & Permissiveness for Separation of Powers.
en
oai:mpra.ub.uni-muenchen.de:117268
2023-05-13T17:35:36Z
7374617475733D707562
7375626A656374733D44:4435:443538
7375626A656374733D44:4438:443831
7375626A656374733D45:4531:453137
7375626A656374733D45:4532:453237
7375626A656374733D48:4838:483834
7375626A656374733D49:4933:493331
7375626A656374733D49:4933:493332
7375626A656374733D4A:4A30:4A3038
7375626A656374733D4A:4A32:4A3230
7375626A656374733D4A:4A33:4A3330
7375626A656374733D4A:4A38:4A3838
7375626A656374733D4B:4B31:4B3130
7375626A656374733D4B:4B34:4B3430
7375626A656374733D4C:4C31:4C3136
7375626A656374733D4C:4C32:4C3231
7375626A656374733D4C:4C32:4C3232
7375626A656374733D4C:4C32:4C3233
7375626A656374733D4C:4C32:4C3234
7375626A656374733D4C:4C32:4C3235
7375626A656374733D4C:4C32:4C3236
7375626A656374733D4C:4C33:4C3333
7375626A656374733D4C:4C35:4C3530
7375626A656374733D4C:4C35:4C3531
7375626A656374733D4C:4C35:4C3532
7375626A656374733D4C:4C35:4C3533
7375626A656374733D4D:4D31:4D3131
7375626A656374733D4D:4D31:4D3132
7375626A656374733D4D:4D31:4D3135
7375626A656374733D4D:4D33:4D3331
7375626A656374733D4D:4D35:4D3531
7375626A656374733D4F:4F32:4F3231
7375626A656374733D4F:4F32:4F3232
7375626A656374733D4F:4F33:4F3331
7375626A656374733D4F:4F33:4F3332
7375626A656374733D4F:4F33:4F3333
7375626A656374733D59:5931:593130
7375626A656374733D5A:5A31:5A3138
74797065733D7061706572
https://mpra.ub.uni-muenchen.de/117268/
Decizia, factor determinant în procesele manageriale și în activitatea de cercetare
Corbu, Ion
D58 - Computable and Other Applied General Equilibrium Models
D81 - Criteria for Decision-Making under Risk and Uncertainty
E17 - Forecasting and Simulation: Models and Applications
E27 - Forecasting and Simulation: Models and Applications
H84 - Disaster Aid
I31 - General Welfare, Well-Being
I32 - Measurement and Analysis of Poverty
J08 - Labor Economics Policies
J20 - General
J30 - General
J88 - Public Policy
K10 - General
K40 - General
L16 - Industrial Organization and Macroeconomics: Industrial Structure and Structural Change ; Industrial Price Indices
L21 - Business Objectives of the Firm
L22 - Firm Organization and Market Structure
L23 - Organization of Production
L24 - Contracting Out ; Joint Ventures ; Technology Licensing
L25 - Firm Performance: Size, Diversification, and Scope
L26 - Entrepreneurship
L33 - Comparison of Public and Private Enterprises and Nonprofit Institutions ; Privatization ; Contracting Out
L50 - General
L51 - Economics of Regulation
L52 - Industrial Policy ; Sectoral Planning Methods
L53 - Enterprise Policy
M11 - Production Management
M12 - Personnel Management ; Executives; Executive Compensation
M15 - IT Management
M31 - Marketing
M51 - Firm Employment Decisions ; Promotions
O21 - Planning Models ; Planning Policy
O22 - Project Analysis
O31 - Innovation and Invention: Processes and Incentives
O32 - Management of Technological Innovation and R&D
O33 - Technological Change: Choices and Consequences ; Diffusion Processes
Y10 - Data: Tables and Charts
Z18 - Public Policy
Prezenta lucrare abordează un segment al problematicii complexe cu privire la procesul de luare a deciziilor. Odată cu dezvoltarea tehnologiilor informațioanle s-au dezvoltat și implementat sistemele suport de decizie (DSS) care au devenit din ce în ce mai performante și au fost iplementate în cele mai variate domenii. În lucrarea de față sunt prezentate aspecte privind cercetarea științifică, decizia și clasificarea deciziilor, algoritmul de luare a deciziei, situația privind stadiul domeniului cu exemple de lucrări care atestă implementarea DSS în diferite sectoare de activitate. De asemenea, au fost abordate aspecte privind proiectarea, algoritmi și scheme bloc pentru derularea proiectării și luarea deciziilor în cazul unor situații complexe de proiectare care se desfășoară în cadrul SC Setko Impex și care necesită transfer tehnologic pentru asistarea deciziilor și, prin urmare, implementarea unui sistem DSS în cadrul companiei care are activitatea de bază, cercetarea științifică iar ca activitate secundară proiectarea, în principal, sisteme de asigurare a unor localități cu apă, canalizare, gaze etc.
2023-05-11
MPRA Paper
NonPeerReviewed
application/pdf
en
https://mpra.ub.uni-muenchen.de/117268/1/2%20Decizia%20factor%20determinant%20%20finala-converted.pdf
Corbu, Ion (2023): Decizia, factor determinant în procesele manageriale și în activitatea de cercetare. Published in: https://www.academia.edu/101585174/Decizia_factor_determinant_%C3%AEn_procesele_manageriale_%C8%99i_%C3%AEn_activitatea_de_cercetare (11 May 2023)
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