We study the role of formal institutions of contract enforcement in facilitating investments in small and medium firms(MSME). In a framework where established entrepreneurs can enforce contracts informally using their network ties and hierarchical advantage, we argue that an efficient formal...

We study the role of formal institutions of contract enforcement in facilitating investments in small and medium firms(MSME). In a framework where established entrepreneurs can enforce contracts informally using their network ties and hierarchical advantage, we argue that an efficient formal...

In this manuscript we present a comparative analysis of benchmarks based on technical efficiency scores computed using Data Envelopment Analysis with two different model specifications. In one case, we adopt the number of settled cases as output and human resources as input; in the other case,...

In Romania, the appointment of top prosecutors is still one of the main competences of the executive power. The legislative procedure in force, which is incomplete and essentially devoid of meritocracy, has required the advice of international experts, such as the Venice Commission, to...

While scholars frequently offer ideology as a primary explanation for judicial behavior, judges, and some scholars, emphasize the importance of collegiality on multimember courts. But there is disagreement over how to determine when collegiality is at work, and what type of multimember court is...

We study the role of formal institutions of contract enforcement in facilitating investments in small and medium firms(MSME). In a framework where established entrepreneurs can enforce contracts informally using their network ties and hierarchical advantage, we argue that an efficient formal...

An independent judiciary has often been hailed as one of the most important aspects of the rule of law. Securing judicial independence (JI) via explicit constitutional rules seems straightforward and there is evidence that de jure and de facto JI are linked, at least in the long term. However,...

This paper exploits the diversity of panels at the court of appeals in the state of São Paulo to address the role of career backgrounds and ideology in shaping the response of judicial decisions to a major shift in jurisprudence on drug offenses. The Brazilian constitution reserves 80% of the...

Data justice has emerged as a key framework for engaging with the intersection of datafication and society in a way that privileges an explicit concern with social justice. Engaging with justice concerns in the analysis of information and communication systems is not in itself new, but the...

We study the role of formal institutions of contract enforcement in facilitating investments in small and medium firms(MSME). In a framework where established entrepreneurs can enforce contracts informally using their network ties and hierarchical advantage, we argue that an efficient formal...

This paper links the theory of interest groups influence over the legislature with that of congressional control over the judiciary. The resulting framework reconciles the theoretical literature of lobbying with the negative available evidence on the impact of lobbying over legislative outcomes,...

The Constitution of Kenya and the Judiciary Strategic Plan (2019-2023) identifies improved access to, and expeditious delivery of justice as key result areas for the Judiciary, a public institution that is the custodian of justice and pivotal for socio-economic wellbeing of the society. With the...

We believe that at a deeper level the independent judiciary is not only consistent with, but essential to, the interest-group theory of government. Part I of this paper explains our theory of the independent judiciary. Part II discusses several implications of the theory, relating to...

Judges play a crucial role in our adversary system, both inside and outside the courtroom. Yet, the past two decades have seen increased attention to the challenges facing the courts with the flood of unrepresented litigants in civil cases. The challenges impact the roles of each actor within...

Like Congress and other deliberative bodies, the Supreme Court decides its cases by majority vote. If at least five out of the nine justices come to an agreement, their view prevails. But why is that the case? Majority voting for the Court is not spelled out in the Constitution, a federal...

Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal...

“Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.”Active judging, where judges step away from the traditional, passive role to assist those without counsel, is...

On 1 January 2021, the fee for bringing a migration case in the Federal Circuit Court increased almost five-fold. Civil society groups say that this change will seriously threaten access to the courts. This comment argues that, if this is correct, the increase might be unlawful or...

This study analyzes how authoritarian leaders use the judicial system to solve the principal-agent problem in the government hierarchy. We argue that autocrats recentralize court personnel to enhance the central government's monitoring power over local officials. We test this executive...

This encyclopedia entry offers an overview of access to justice in the field of human rights. While the concept of access to justice is difficult to grasp, the entry identifies two primary ways in which it intersects with human rights: On the one hand, access to justice relates to the...

The novel coronavirus disease (COVID) pandemic has challenged an array of democratic institutions in complex, unexpected and unprecedented ways. Little academic work, however, has considered the pandemic’s impact on Canada’s judicial institutions. This paper aims to fill that gap by...

The battle of supremacy between the Executive and the Judiciary in Kenya has for the past three years trickled down to the deprivation of funds required for judicial services. The decision by the treasury to slash Judiciary funds is a decision that threatens the underlying purpose of Article 48...

Recent empirical work shows that judicial dependence can explain high levels of corruption. This paper examines how the dependence of judiciaries influences corruption at different levels of the government in a model where the central government, low-level officials, and the judiciary are...

Access to the justice system is key to redressing violations of human rights. In Bangladesh, women’s rights to access to justice, especially those of women in marginalised and disadvantaged situations, have been subject to numerous legal, social, institutional, and economic constraints. This...

As part of this special issue of Daedalus, the Journal of the American Academy of Arts and Sciences, that assesses the twenty-first-century administrative state in the United States, this Essay argues that the modern regulatory state—and the field of administrative law that studies it—are in...

As courts strive to simultaneously remain self-consistent and adapt to new legal challenges, a complex network of of citations between decided cases is established. Using network science methods to analyze the underlying patterns of citations between cases can help us understand the large-scale...

Which of the three legal doctrines of public use, just compensation, and due process is the most effective in constraining abuses of eminent domain power? This paper addresses this question for the first time and presents the first-ever systematic investigation of the judicial review of eminent...

In Brazil, the right to health has achieved relevance in policy debate, especially in the last two decades, due to the increase in the number of lawsuits lawsuits against the executive branch to ensure access to medicines, exams, hospitalizations, among other goods and health services. The...

This is a bibliometric and bibliographic study based on researches about Maria da Penha Law (Law no 11.343/2006) enforcement. It was developed from a literature review for a research project named O Poder Judiciário no enfrentamento à violência doméstica e familiar contra mulheres (CNJ;...

The Court of Justice of the European Union is an important motor of integration and is said to be particularly strong in those cases where the Council shows an inability to act. What is the relevance of the Court to social Europe? Europeanisation studies analyse how member states change due to...

Although there is broad consensus on what constitutes procedural due process in criminal cases, in courtrooms around the country, those ideals are often disregarded. In the wake of rising public attention to misdemeanors, be it through marijuana decriminalization or concern over unduly punitive...

This paper reconsiders the foundations of judicial supremacy in antitrust, which rests ultimately upon the claim that the Sherman Act is a "common law statute." The common law statute thesis is that Congress delegated to judges the power to invent the criteria by which the law will allocate...

We analyze the economic consequences on firm profitability, performance, and investments of having another firm in the same market affiliated with a criminal organization. We do so by evaluating the spillover effects of a law providing the judicial administration of organized crime firms through...

The 2004 Constitution of Afghanistan vaguely describes the powers of the Supreme Court (the Court) to interpret the constitution and exercise judicial review. It also describes an independent commission for the supervision of the implementation of the constitution (the Commission), whose powers...

This article argues that judges suppress dissent when it is costly to do so, and that the cost of dissent depends on the political dimension of the issue broached. It contends that judges who disagree may nevertheless try to safeguard integrity and legitimacy in political disputes by presenting...

Drawing on experimental games and a survey conducted with university students at an elite legal academy in Ukraine, this study compares the attitudinal, behavioral, and demographic traits of students aspiring to public sector legal careers as judges, prosecutors, and investigators with their...

Sparked by the killing of George Floyd in police custody, the 2020 Black Lives Matter protests have brought a new wave of attention to the issue of inequality within criminal justice. However, many public health officials have warned that mass protests could lead to a reduction in social...

Sparked by the killing of George Floyd in police custody, the 2020 Black Lives Matter protests have brought a new wave of attention to the issue of inequality within criminal justice. However, many public health officials have warned that mass protests could lead to a reduction in social...

This paper will focus on the more general inquiry into the legitimacy, constitutionality, and convenience of admitting judicial evaluation of the Cost-Benefit Analyses carried out by administrative officials. The following sections will explore the main arguments against giving Courts the...

Settlements among parties are usually regarded as an efficient solution to a judicial dispute. However, frequent settlements between the rich and the poor can also mean unequal access to justice. We develop a model of settlements that takes wealth disparity of the parties into account, as the...