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on Law and Economics |
| By: | Brunela Kullolli (University \) |
| Abstract: | Arbitration is one of the alternative and efficient ways of resolving disputes. The fundamental characteristic of arbitration is the private and out-of-court resolution of disputes. In this paper, I will deal only with the part that has to do with the insurance measures to sue in arbitration. Security measures as a whole are measures that aim to preserve the status quo of a certain situation in order to ensure the implementation of the final decision of the arbitral tribunalThe first part. We will discuss the purpose of the security measures is to prevent the concealment or disappearance of an asset, in order to ensure the final executionSecond part. Innovation of the law "For arbitration in the Republic of Albania and in the spirit of the Jurisprudence of the European Court of Justice.The third part, the ambiguities and problems brought by the harmonization law with the provisions of the code of civil procedure in terms of its orders in the first paragraph, it is determined that it is the arbitration court that has jurisdiction to take measures to secure the lawsuit defined in the agreements of arbitration.The fourth part deals with the comparison of several legislations that provide for the possibility to execute decisions on security measures outside the context of the final arbitral award . These laws have provided for the possibility of enforcement of security measures by the court of the country where the arbitration takes place.The last part will deal with the types of temporary measures of arbitration courts reflected in practice.Conclusions The new law on arbitration has problems that need to be improved and provisions to be found. The law has not provided for an appeal against the insurance measure, it should only be allowed in the final decision, as the autonomy of the arbitration procedure from the review of the courts must be preserved. Safeguards in arbitration may also be taken ante causam (before the arbitration proceedings begin). As such, they can be taken both by institutional arbitration (through the emergency arbitrator) and by judicial jurisdiction, despite the fact that the basis of dispute resolution belongs to arbitration. The competence of the judicial authority to take security measures has also been confirmed by the Court European Court of Justice, despite the fact that the arbitration law tries to minimize the intervention of the court, if in fact it could only be achieved by harmonizing it with the legislation in order to make it applicable. |
| Keywords: | arbitration, security measures, status quo, execution of security measures, European Court of Justice. |
| JEL: | K40 K40 K40 |
| URL: | https://d.repec.org/n?u=RePEc:sek:iacpro:14216284 |
| By: | La Nauze, Andrea; Tan, Tze Yong |
| Abstract: | Axbard and Deng (2024) exploit the rollout of new pollution monitors in China in 2015 in 177 medium-size cities to study the effect of air-quality monitors on enforcement actions by local governments and air quality. In their main difference-in-difference analysis, they identify the change in the probability of enforcement for firms that are close to versus further away from the monitor. They find that being within 10km of a monitor increases the probability that a firm receives any enforcement action by 0.0033 (standard error 0.00056) relative to a mean of 0.0046. Computationally, we successfully reproduce the main claims of the paper. We observe minor coding anomalies that do not have a material impact. We find that the main result on all enforcement is robust to all robustness checks: (1) randomization inference (2) alternative fixed effects and (3) multiple hypothesis testing. |
| Keywords: | Replication, Reproducibility, Robustness, Accountability, Regulatory Enforcement, Pollution, China |
| JEL: | K32 L51 O13 P25 P28 Q52 Q53 |
| Date: | 2024 |
| URL: | https://d.repec.org/n?u=RePEc:zbw:i4rdps:144 |
| By: | John Eric Humphries; Aurelie Ouss; Kamelia Stavreva; Megan T. Stevenson; Winnie van Dijk |
| Abstract: | Noncarceral conviction is a common outcome of criminal court cases: for every individual incarcerated, there are approximately three who are recently convicted but not sentenced to prison or jail. We develop an empirical framework for studying the consequences of noncarceral conviction by extending the binary-treatment judge IV framework to settings with multiple treatments. We outline assumptions under which widely-used 2SLS regressions recover margin-specific treatment effects, relate these assumptions to models of judge decision-making, and derive an expression that provides intuition about the direction and magnitude of asymptotic bias when they are not met. Under the identifying assumptions, we find that noncarceral conviction (relative to dismissal) leads to a large and long-lasting increase in recidivism for felony defendants in Virginia. In contrast, incarceration relative to noncarceral conviction leads to a short-run reduction in recidivism, consistent with incapacitation. While the identifying assumptions include a strong restriction on judge decision-making, we argue that any bias resulting from its failure is unlikely to change our qualitative conclusions. Lastly, we introduce an alternative empirical strategy, and find that it yields similar estimates. Collectively, these results suggest that noncarceral felony conviction is an important and potentially overlooked driver of recidivism. |
| JEL: | J0 K4 |
| Date: | 2024–08 |
| URL: | https://d.repec.org/n?u=RePEc:nbr:nberwo:32894 |
| By: | Singh, Tejendra Pratap |
| Abstract: | National estimates suggest that a large fraction of the United States population is unable to cover modest emergency expenses using liquid savings. At the same time, natural disasters are increasing in frequency, intensity, and duration with ever-expanding destruction potential. Using exposure to natural disasters, I examine if defendants are more likely to default on their legal financial obligations. Constructing a novel dataset of defendants with traffic citations in Oklahoma, I find that natural disaster exposure increases the likelihood that the defendant defaults on their legal debt. The effect appears immediately after the disaster exposure and persists for more than 100 days following the natural disaster. I do not uncover significant heterogeneity in legal debt default likelihood by defendant characteristics, potentially due to a lack of statistical power. These estimates suggest that interventions designed to provide reprieve for legal debt repayment may alleviate defendants getting entangled in the criminal justice system, a phenomenon that is extremely costly economically and socially. |
| Date: | 2024–08–20 |
| URL: | https://d.repec.org/n?u=RePEc:osf:osfxxx:mygch |
| By: | Damiani, Genaro Martín |
| Abstract: | This paper provides new theoretical insights into the causes and consequences of indirect tax evasion. I propose a decision-making framework that contemplates biased perceptions of apprehension probabilities, which are affected by the environment where the agents operate. This microfounded formulation allows for the analysis of how taxation affects tax evasion (and vice versa) in the aggregate, emphasizing the existing relationships between the relative size of the shadow economy, tax rates, and government revenue. It is shown that a traditional Laffer curve (inversely U-shaped and with a unique maximum) can only exist under certain conditions. The maximum government revenue attainable turns out to be, in any case, lower than in the absence of tax evasion. Nevertheless, evasion control policies are proven to be always effective in increasing government revenue. |
| Keywords: | Indirect tax evasion; Law and Economics; Biased perceptions |
| JEL: | D80 H26 K42 |
| Date: | 2024–08–21 |
| URL: | https://d.repec.org/n?u=RePEc:pra:mprapa:121779 |
| By: | Howard Bodenhorn |
| Abstract: | Studies of modern misdemeanor adjudication find that courts set bail higher than is required to reasonably assure that nonviolent defendants who pose no immediate threat to the community will appear for trial. Some defendants languish in jail for extended periods during which time they lose income, employment, and the ability to provide an effective defense for themselves. This paper considers the downstream consequences of bail setting in an urban, southern police court in the 1910s. I find that defendants unwilling or unable to post cash bail were not more likely to be convicted or to be incarcerated than defendants who posted bail. Conditional on conviction, however, defendants who posted bail and returned for their hearings were about half as likely to serve time. Among those who served time, defendants who posted bail served just 6 percent as much time as defendants who did not post bail. The ability to post bail was correlated with unobserved income or wealth and I find evidence that defendants who did not post bail and served on the chain gang were employed in low-income jobs and likely faced a binding cash-in-advance constraint. |
| JEL: | K14 N0 |
| Date: | 2024–08 |
| URL: | https://d.repec.org/n?u=RePEc:nbr:nberwo:32887 |
| By: | Gelvez, Juan David (University of Maryland) |
| Abstract: | Why do governments prevent crime in some places and not others? Who are the primary beneficiaries of the security provision? This paper examines how the incumbent uses crime prevention projects as a pork-barrel good, in order to finance swing-voter municipalities. Using a mixed-method approach, which includes the analysis of a granular dataset of crime prevention funds and interviews with policymakers and bureaucrats, I study how electoral incentives can explain differences in security provision in Colombia. To do so, I conduct several fixed effect models and a regression discontinuity design that measures the effects of electoral results on money distribution, taking advantage of party alignment and margin of victory. I also interviewed policymakers and bureaucrats to shed light on the mechanisms behind these results. My study suggests that electoral competition, party alignment between national and local politicians, and the minister’s interest play pivotal roles in shaping security provisions across the country |
| Date: | 2024–02–16 |
| URL: | https://d.repec.org/n?u=RePEc:osf:osfxxx:znyq5 |