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Uncertainty of law and the legal process

Dari-Mattiacci, Guiseppe; Deffains, Bruno - 2005

and deters parties from settling disputes out of court. In contrast, the law is certain ex post: litigation fosters the … of a legal system (kept under control by litigation) and its litigation rate (sustained by uncertainty). We describe such … equilibrium rates in a model of tort litigation, study how they are affected by different policies, and compare the costs and …

Persistent link: https://www.econbiz.de/10011349216

Do judges react to the probability of appellate review? : empirical evidence from trial court procedures

Berlemann, Michael; Christmann, Robin - 2014

The appellate review system is intended to serve as an efficient remedy for imperfect judicial decision making. However, it can fulfill this task only when appeals are filed solely due to bad verdicts and are ex-ante unpredictable based on factors that are exogenous to the judge. Using data from...

Persistent link: https://www.econbiz.de/10010489300

The Birth of a Legislature : The EU Parliament after the Lisbon Treaty

Voermans, Wim J. M. - 2014

By the end of 2009, Ireland, the Czech Republic, and Poland finally ratified the Treaty of Lisbon. This marked the end of a turbulent period that had seen the Laeken Declaration, a controversial and rejected proposal for a Constitution for Europe (in 2005), and the hard fight over the compromise...

Persistent link: https://www.econbiz.de/10014175683

Law Relating to Lien : A Legislative & Judicial Analysis

Chakraborty, Atish; Chakraborty, Aurin - 2022

Lien refers to the right of an individual, mostly an unpaid seller to retain and withhold in one’s possession any kind of merchandise or securities in his or her possession that belongs to another until certain legal debts due to the person retaining the goods are repaid. Lien does not endorse...

Persistent link: https://www.econbiz.de/10014078159

Agency Legislative Fixes

Osofsky, Leigh - 2019

Legislative drafting mistakes can upset statutory schemes. The Affordable Care Act was nearly undone by such mistakes. The recent Tax Cuts and Jobs Act is rife with them. Traditional legal scholarship has examined whether courts should help resolve Congress's mistakes. But courts have remained...

Persistent link: https://www.econbiz.de/10012863512

Who Controls the Budget : The Legislature or the Executive?

Lienert, Ian - 2006

Country-specific factors prevent a strong linear relationship between the legislature`s budgetary powers and the extent of its separation from the executive. Electoral and voting systems, bicameralism, constitutional and legal constraints, voluntary contracts of political parties, and...

Persistent link: https://www.econbiz.de/10012780794

What Legislation Is (Not)

Hameed, Asif - 2022

We may sharpen our understanding of legislation by juxtaposing it with other types of legal act. John Gardner attempts … to differentiate legislation from legal rulings - an unusual juxtaposition in itself - and his claims about the … distinction, and in so doing seek to clarify what legislation is by what it is not …

Persistent link: https://www.econbiz.de/10013289185

Is the European Legislator after Lisbon a Real Legislature?

Voermans, Wim J. M. - 2010

This article questions the nature and character of the amendments the Lisbon Treaty makes to the EU's legislative procedures. Do these changes make for real legislature? If we want to know that, the first question to be addressed is: what actually make for a real legislature? What are the...

Persistent link: https://www.econbiz.de/10014210320

Judicial Legislation

D'Amato, Anthony - 2010

confine their legislation to the narrowest limits in the closest of cases. To the extent that my argument is successful in … diminishing the judicial legislation position, it would tend to serve to corroborate Dworkin’s rights thesis …

Persistent link: https://www.econbiz.de/10014189173

Is it Still 'In the Game,' or Has Amateurism Left the Building? NCAA Student-Athletes’ Perceptions of Commercial Activity and Sports Video Games

Kaburakis, Anastasios; Pierce, David; Cianfrone, Beth; … - 2012

new amateurism policy, concurrently avoiding costly litigation …

Persistent link: https://www.econbiz.de/10014174615