Journal ArticleDOI
Judicial Precedents in Civil Law Systems: A Dynamic Analysis
Vincy Fon,Francesco Parisi +1 more
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In this article, the evolution of case law under these doctrines of precedents is modeled, considering the possibility for consolidation or corrosion of legal remedies and the permanence of unsettled case law.About:
This article is published in International Review of Law and Economics.The article was published on 2006-12-01. It has received 66 citations till now. The article focuses on the topics: Civil law (legal system) & Common law.read more
Citations
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Journal ArticleDOI
The Civil Law Tradition. An Introduction to the Legal Systems of Western Europe and Latin America.
TL;DR: In this article, a concise history and analysis of the civil law tradition is presented for the general reader and students of law, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East.
Journal ArticleDOI
Sequential R&D and blocking patents in the dynamics of growth
Guido Cozzi,Silvia Galli +1 more
TL;DR: The authors analyzes the macroeconomic effects of patent protection by incorporating a two-stage cumulative innovation structure into a quality-ladder growth model with endogenous skill acquisition, and shows that the dynamic general equilibrium interactions may seriously mislead the empirical assessment of the growth effects of IPR policy: stronger protection of upstream innovation always looks bad in the short and possibly medium run.
Book ChapterDOI
Chapter 4 Litigation
TL;DR: In this paper, the authors survey the academic literature on the economics of litigation and synthesize its main themes, including the following: under what conditions will someone decide to file suit, what determines how much is spent on a lawsuit, when do cases settle out of court, and normative issues.
Posted Content
Litigation, Judicial Path-Dependence, and Legal Change
TL;DR: In this paper, the authors examine the effect of judicial path dependence on the consolidation of liability rules and legal remedies, paying special attention to litigation between parties with different stakes, in the presence of asymmetric stakes, may lead to consolidation or contraction of legal rules.
Journal ArticleDOI
Freedom of Expression versus Racist Hate Speech: Explaining Differences Between High Court Regulations in the USA and Europe
TL;DR: The authors argue that political cultural variables, legal texts and differences in jurisprudential norms strongly influence the overarching patterns of outcomes across jurisdictions, and draw on scholarship about comparative law and freedom of expression to develop and test hypotheses about judicial regulation of racist speech in the USA and Europe.
References
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Book
The Problem of Social Cost
TL;DR: In this paper, it is argued that the suggested courses of action are inappropriate, in that they lead to results which are not necessarily, or even usually, desirable, and therefore, it is recommended to exclude the factory from residential districts (and presumably from other areas in which the emission of smoke would have harmful effects on others).
Journal ArticleDOI
The Selection of Disputes for Litigation
George L. Priest,Benjamin Klein +1 more
TL;DR: The relationship between litigated disputes and disputes settled before or during litigation has been investigated in this article, and the relationship between legal rules and social behavior has been examined. But the relationship has not been studied as a whole.
Journal ArticleDOI
What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)
TL;DR: In this article, a positive economic theory of the behavior of appellate judges and Justices is presented, arguing that the effort to insulate judges from significant economic incentives, through devices such as life tenure and stringent conflict of interest rules has not rendered judicial behavior immune to economic analysis.
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Economic Analysis of Legal Disputes and Their Resolution
TL;DR: In the early 1970s, economics was relegated by lawyers to the technical role of providing expert advice on a relatively narrow set of laws in such fields as antitrust and labor as mentioned in this paper.
Journal ArticleDOI
An Economic Analysis of the Courts
TL;DR: In this article, a theoretical and empirical analysis of the criminal justice system using standard tools of economic theory and statistics is presented. And the main purpose of this essay is to answer these questions by means of a theoretical analysis of criminal justice systems.