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on Law and Economics |
| By: | Ram Mohan, M.P.; Sriram Prasad; Vijay V Venkitesh; Sai Muralidhar; Jacob P Alex |
| Abstract: | The Constitution of India under Article 142 grants the Supreme Court of India with broad inherent powers to do complete justice. The contours of this inherent power and what it means to achieve complete justice were left to the Supreme Court to determine itself. In this paper, we empirically examine all the Supreme Court cases from its inception in 1950 till 2023 which use the term "Article 142" or "Complete Justice" We found 1579 cases, which were then hand-coding for many variables such as the nature of the case, where the case was appealed from, the temporal distribution, the laws involved, the nature of the issue, the judges involved, among others. The paper examines when and how the Supreme Court wields its inherent powers, generating various insights and exploring trends. |
| Date: | 2024–05–30 |
| URL: | https://d.repec.org/n?u=RePEc:iim:iimawp:14712&r= |
| By: | OECD |
| Abstract: | Data plays an increasingly important role for online platforms and the majority of digital business models. Along with data becoming central to competition and the conduct of actors in digital markets, there has been an increase in data privacy regulations and enforcement worldwide. The interplay between competition and data privacy has prompted questions about whether data privacy and the collection of consumers’ data constitute an antitrust issue. Should competition considerations be factored into decisions by data protection authorities, and, if so, how can synergies between the two policy areas be enhanced and tensions overcome? This paper explores the links between competition and data privacy, their respective objectives, and how considerations pertaining to one policy area have been, or could be, included into the other. It investigates enforcement interventions and regulatory measures that could foster synergies or lead to potential challenges, and offers insights into models for co-operation between competition and data protection authorities. This is a joint working paper from the OECD Competition and Digital Economy Policy Secretariat. |
| Date: | 2024–06–07 |
| URL: | https://d.repec.org/n?u=RePEc:oec:dafaac:310-en&r= |
| By: | Harris, Donna (University of Oxford); Borcan, Oana (University of East Anglia); Serra, Danila (Texas A&M University); Telli, Henry (International Growth Centre (IGC)); Schettini, Bruno (Federal Revenue of Brazil); Dercon, Stefan (University of Oxford) |
| Abstract: | We examine the impact of ethics and integrity training on police officers in Ghana through a randomized field experiment. The program, informed by theoretical work on the role of identity and motivation in organizations, aimed to re-activate intrinsic motivations to serve the public, and to create a new shared identity of "Agent of Change." Data generated by an endline survey conducted 20 months post training, show that the program positively affected officers' values and beliefs regarding on-the-job unethical behavior and improved their attitudes toward citizens. The training also lowered officers' propensity to behave unethically, as measured by an incentivized cheating game conducted at endline. District-level administrative data for a subsample of districts are consistent with a significant impact of the program on officers' field behavior in the short-run. |
| Keywords: | ethics training, traffic police, experiment |
| JEL: | H76 K42 M53 D73 |
| Date: | 2024–05 |
| URL: | http://d.repec.org/n?u=RePEc:iza:izadps:dp17006&r= |
| By: | Ziwei XU (Faculté de droit, d’économie et de finance, Université du Luxembourg, (Luxembourg)) |
| Abstract: | The development of social enterprises in China has been underway for many years, but there are as yet no laws regulating them. Even though several local governments or private platforms have issued a few social enterprise certification documents in the past years, it is only confined to the standards for social enterprise certification, and such standards are not identical, one reason is the lack of a superior law, i.e., the gap in the regulation and law at the national level, as well as the absence of legal status for social enterprises. Meanwhile, the rapid growth in the number of social enterprises has raised new demands for the legal recognition of social enterprises. As a result of covid-19, the collapse of the real economy and the rise in unemployment due to the delinking of China’s economy from globalization is also awaiting a breakthrough in the legitimacy of social enterprises to seek a solution. The role played by the Chinese government will also have an impact on the need for social enterprise legal frameworks. The introduction of social enterprise legislation in China, especially the timing of the adoption of this legal framework, cannot be separated from the situation of the development of the local social enterprise ecosystem, which is not isolated and closely related to the Chinese social system, economic development, political environment, and cultural background. This paper employs a literature-based analysis, supplemented by a comparative approach, to explore and analyze the need and timing of the introduction of legislation for social enterprises, with the hope of shedding some light on social enterprise stakeholders, potential investors, legal practitioners, lawmakers, and researchers in other fields. |
| Keywords: | social enterprise, legislation, need, time, ecosystem, China |
| JEL: | K22 L30 L31 |
| Date: | 2023–06 |
| URL: | http://d.repec.org/n?u=RePEc:crc:wpaper:2306&r= |
| By: | OECD |
| Abstract: | The regulation of occupations is widespread, extending beyond the liberal professions, such as lawyers and engineers, to a broader set of other economic activities. Competition authorities have long been active in improving competition in these markets, both through enforcement action and by advocating to make regulation more pro-competitive. This paper aims to support competition authorities’ advocacy efforts. It includes an overview of the literature about the effects of regulation of professional services, which competition authorities can draw on to advocate for the benefits of less restrictive regulation where appropriate. The paper also brings together analytical frameworks developed by the OECD and jurisdictions such as Australia, the US and EU to assess regulatory barriers to competition. The paper further draws on case studies of advocacy efforts from competition authorities across a range of OECD member countries. |
| Date: | 2024–05–17 |
| URL: | http://d.repec.org/n?u=RePEc:oec:dafaac:307-en&r= |
| By: | Syring, Kenneth |
| Abstract: | This review investigates the relationship between right-wing authoritarianism (RWA) and social dominance orientation (SDO) in the context of extremist movements fueled by disinformation and the rise of authoritarian political support in the United States, with a particular focus on the implications for American law enforcement. The author proposes that comprehensive civics education, incorporating both civic literacy and service-learning as its pillars, could serve as an effective intervention in mitigating the development of RWA and SDO traits within law enforcement, ultimately reinforcing the rule of law, improving police-community relations, and strengthening public trust in government institutions. By examining the potential impact of such an education in reducing susceptibility to disinformation and support for extremist politics, this review highlights the importance of promoting democratic values and offers a foundation for potential policy frameworks to implement these interventions. |
| Date: | 2024–05–10 |
| URL: | http://d.repec.org/n?u=RePEc:osf:socarx:baz27&r= |
| By: | Salvador Barberà; Danilo Coelho |
| Abstract: | We propose mechanisms for two parties with potentially conflicting objectives to jointly select a predetermined number of candidates to occupy decision-making positions. Two leading examples of these situations are: i) the selection of an arbitrator panel by two conflicting firms, and ii) the bipartisan coalition's selection of a set of judges to occupy court vacancies. We analyze the efficiency, fairness, and simplicity of equilibrium outcomes in strategic games induced by these mechanisms. Their effectiveness hinges on the parties' preferences over the sets containing the required number of the candidates to be chosen. |
| Keywords: | appointing arbitrators, appointing judges, rule of k name, split appointment rules, compromise, unanimity compromise set, top compromise set |
| JEL: | D02 D71 D72 |
| Date: | 2024–05 |
| URL: | http://d.repec.org/n?u=RePEc:bge:wpaper:1442&r= |
| By: | Helena Laneuville; Vitor Possebom |
| Abstract: | This article investigates the impact of judges' gender on the outcome of domestic violence cases. Using data From S\~ao Paulo, Brazil, between 2010 and 2019, we compare conviction rates by judge's gender and find that a domestic violence case assigned to a female judge is 31% (10 p.p) more likely to result in conviction than a case assigned to a male judge with similar career characteristics. To show that this decision gap rises due to different gender perspectives about domestic violence instead of rising due to female judges being tougher than male judges, we compare it against gender conviction rate gaps in similar types of crimes. We find that the gender conviction rate gap for domestic violence cases is significantly larger than the same gap for other misdemeanor cases (3 p.p. larger) and for other physical assault cases (8 p.p. larger). Lastly, we find evidence that at least two channels explain this gender conviction rate gap for domestic violence cases: gender-based differences in evidence interpretation and gender-based sentencing criteria. |
| Date: | 2024–05 |
| URL: | http://d.repec.org/n?u=RePEc:arx:papers:2405.07240&r= |
| By: | David Arnold; Will S. Dobbie; Peter Hull |
| Abstract: | We develop new quasi-experimental tools to understand algorithmic discrimination and build non-discriminatory algorithms when the outcome of interest is only selectively observed. These tools are applied in the context of pretrial bail decisions, where conventional algorithmic predictions are generated using only the misconduct outcomes of released defendants. We first show that algorithmic discrimination arises in such settings when the available algorithmic inputs are systematically different for white and Black defendants with the same objective misconduct potential. We then show how algorithmic discrimination can be eliminated by measuring and purging these conditional input disparities. Leveraging the quasi-random assignment of bail judges in New York City, we find that our new algorithms not only eliminate algorithmic discrimination but also generate more accurate predictions by correcting for the selective observability of misconduct outcomes. |
| JEL: | C26 J15 K42 |
| Date: | 2024–05 |
| URL: | http://d.repec.org/n?u=RePEc:nbr:nberwo:32403&r= |