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In a Case Law regime Courts have more flexibility than in a Statute Law regime. Since Statutes are inevitably incomplete, this confers an advantage to the Statute Law regime over the Case Law one. However, all Courts rule ex-post, after most economic decisions are already taken. Therefore, the...
Persistent link: https://www.econbiz.de/10010264405
There is extensive literature on whether courts or legislators produce efficient rules, but which of them produces rules efficiently? The law is subject to uncertainty ex ante; uncertainty makes the outcomes of trials difficult to predict and deters parties from settling disputes out of court. In...
Persistent link: https://www.econbiz.de/10010325161
Persistent link: https://www.econbiz.de/10011696881
Current case law and arbitration practise in Bulgaria is very arbitration "friendly." The published paper is collection of annotated most interested judgments of the courts regarding arbitration issues, including notes and comments regarding the particular court decisions with summaries of the...
Persistent link: https://www.econbiz.de/10014177285
Empirical studies of judicial behavior using judge-level data are scarce and almost exclusively focused on higher court judges in the U.S. The majority of disputes in any legal system, however, are adjudicated by lower court judges and conclusions about judicial behavior from one legal system...
Persistent link: https://www.econbiz.de/10014177481
The experience of working as returning officer (RO), assistant returning officer (ARO), presiding officer (PO) and revising authority (RA) during past four important elections has made me to learn a lot about the role of the judge during general elections activity (for returning the candidates...
Persistent link: https://www.econbiz.de/10014178218
In this brief Article, I explore the growing empirical evidence in support of the public choice model of judicial decision making. Although legal scholars have traditionally been reluctant to engage in a critical inquiry into the role of judicial self-interest on judicial behavior, recent...
Persistent link: https://www.econbiz.de/10014178620
The conventional wisdom among many legal scholars is that judicial independence can best be achieved with an appointive judiciary; judicial elections turn judges into politicians, threatening judicial autonomy. Yet the original supporters of judicial elections successfully eliminated the...
Persistent link: https://www.econbiz.de/10014178623
The first Neighbourhood Justice Centre has recently been set up in Australia and forms part of a worldwide neighbourhood justice movement which focuses upon local justice solutions. These models are based around community courts operating as part of broader justice initiatives which reposition...
Persistent link: https://www.econbiz.de/10014182119
We introduce a new data set recording the vote of every Justice in 18,812 Supreme Court cases decided between 1838 and 1949. When combined with existing data sets, our new data allow us to examine votes in all cases through 2009. We use this data to address previously unanswerable questions...
Persistent link: https://www.econbiz.de/10014184503