This paper uses economic reasoning to analyze the traditions and institutions of one of the most successful criminal organizations in modern history: La Cosa Nostra (LCN). Drawing on recently declassified FBI reports, the paper's analysis shows that LCN's core institutions are best understood as...

Schlechte Noten für die deutschen Finanzbehörden: Vorabverständigungen über Verrechnungspreise fehlen, Verfahrensdauern sind zu lang und Transparenz ist nicht gegeben. Im internationalen Vergleich befindet sich die Bundesrepublik mit ihrer Praxis rund um Verrechnungspreisverfahren noch immer...

Transparenz als Verfahrensgarantie hat zunehmend an Interesse gewonnen, da sie aufgrund der Globalisierungsprozesse in verschiedenen Bereichen eingesetzt wird. Demnach wurde der Versuch unternommen, ein allgemeines Prinzip zu extrapolieren, das die verschiedenen Einrichtungen regulieren soll. Es...

When AI prediction substantially resolves trial uncertainty, a party purchasing AI prediction will disclose it if it is in their favour and not otherwise, signalling the outcome to the other party. Thus, the trial outcome becomes common knowledge. However, this implies that the parties will...

In cooperation with Lex Mundi member law firms in 109 countries, we measure and describe the exact procedures used by litigants and courts to evict a tenant for non-payment of rent and to collect a bounced check. We use these data to construct an index of procedural formalism of dispute...

It has been argued that procedural formalism undermines economic efficiency by fostering rent-seeking and corruption. We challenge this view by arguing that a number of judicial procedures foster economic growth by increasing the predictability of court decisions, which leads to more...

This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when evidence is imperfect and rests with the parties. We show that the "preponderance of evidence" standard provides maximal incentives to exert care. This holds even though litigants...

Das geistige Eigentum stellt einen wichtigen Vermögensbestandteil von Unternehmen dar. Diese können sich beim Insolvenzeintritt in verschiedenen Verfahrensstadien befinden. Die Arbeit geht der Frage nach, wie sich eine Insolvenz auf Rechte geistigen Eigentums im Schutzerlangungs-,...

Latvia’s current National Development Plan, approved in 2020, sets out a clear vision for the Latvian justice system by 2027. This includes establishing international standards and good practices in the development of national policies to build a child-friendly justice system. This report...

Purpose The purpose of this paper is to bring to light the present civil and criminal asset forfeiture procedures within the South African context and to make suggestions for reform thereof. While there exists and is a need for constant change and reform of the law to ensure that it remains...

"All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The Directive (and the soft-law instruments accompanying it) not only marks a new phase for private enforcement of competition law but also, more generally,...

This paper explores how interim measures are being applied in the context of antitrust investigations, as well as the implications for competition policy. It was prepared as a background note for discussions on “Interim Measures in Antitrust Investigations” taking place at the June 2022...

The conduct of adjudication is often influenced by motions––requests made by litigants to modify the course of adjudication. The question studied in this article is why adjudication is designed so as to permit the use of motions. The answer developed is that litigants will naturally know a...

The conduct of adjudication is often influenced by motions––requests made by litigants to modify the course of adjudication. The question studied in this article is why adjudication should be designed so as to permit the use of motions. The answer developed is that litigants will naturally...

The conduct of adjudication is often influenced by motions--requests made by litigants to modify the course of adjudication. The question studied in this article is why adjudication is designed so as to permit the use of motions. The answer developed is that litigants will naturally know a great...

The removal of administrative barriers (RAB) is a constant policy at both European Union (EU) and national levels. Initially, RAB has been seen as a part of economically-driven Regulatory Impact Analysis, while lately a more interdisciplinary approach dominates, through Smart Regulation and...

The removal of administrative barriers (RAB) is a constant policy at both European Union (EU) and national levels. Initially, RAB has been seen as a part of economically-driven Regulatory Impact Analysis, while lately a more interdisciplinary approach dominates, through Smart Regulation and...

Theoretical accounts of compliance with court orders emphasize the importance of transparency. Most empirical studies of compliance center on high profile political cases, largely ignoring the high-volume, quotidian claims against the state for basic services that constitute the largest share of...

The history of the admissibility standard for expert testimony in American courtrooms reveals that the standard has gradually increased to a high level since a series of important decisions by the Supreme Court. Whether such a stringent standard for expert testimony is beneficial or detrimental...

Die Frage verfassungsrechtlicher Grenzen gesetzlicher Pflichten zur Offenlegung von Arbeits- und Beschäftigungsbedingungen ist aktueller denn je. Freiwillige Nachhaltigkeitsberichtserstattung ist nicht geeignet, Missstände in Unternehmen aufzudecken. Deshalb wird unter anderem seit Jahren die...

"All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The directive (and the soft-law instruments accompanying it) does not only mark a new phase for private enforcement of competition law but also, more generally, a...

Online copyright infringement is one of the toughest challenges the content industry has faced in the twenty first century. Article 8(3) of the Information Society Directive, implemented under section 97A of the UK Copyright, Designs and Patents Act, 1988, provides an injunctive remedy in...

Neuroscientific evidence is increasingly being offered in court cases. Consequently, the legal system needs neuroscientists to act as expert witnesses who can explain the limitations and interpretations of neuroscientific findings so that judges and jurors can make informed and appropriate...

The European Court of Justice (ECJ) is a very powerful court compared to other international courts and even national courts of last resort. Observers almost unanimously agree that it is the preliminary references procedure that made the ECJ the powerful court it is today. In this paper, we...

Theoretical accounts of compliance with court orders emphasize the importance of transparency. Most empirical studies of compliance center on high profile political cases, largely ignoring the high-volume, quotidian claims against the state for basic services that constitute the largest share of...

The European Court of Justice (ECJ) is a very powerful court compared to other international courts and even national courts of last resort. Observers almost unanimously agree that it is the preliminary references procedure that made the ECJ the powerful court it is today. In this paper, we...