nep-law New Economics Papers
on Law and Economics
Issue of 2025–02–10
three papers chosen by
Yves Oytana, Université de Franche-Comté


  1. Understanding Racial Disparities in Criminal Court Outcomes By Shawn Bushway; Andrew Jordan; Derek Neal; Steven Raphael
  2. Competition Law and Regulations: Productivity Impacts in Latin American Manufacturing Firms By Wong, Sara; Petreski, Marjan
  3. Perceptions of Justice: Assessing the Perceived Effectiveness of Punishments by Artificial Intelligence versus Human Judges By Gilles Grolleau; Murat C Mungan; Naoufel Mzoughi

  1. By: Shawn Bushway; Andrew Jordan; Derek Neal; Steven Raphael
    Abstract: We construct a framework that defines optimal outcomes in criminal courts, and we use this framework to interpret and organize the existing literature on racial disparities in pretrial detention, sentencing, and community corrections outcomes. Existing research indicates that some actors within courts and within the agencies that implement the sentences that courts impose make decisions that are contaminated by racial animus or racially biased assessments of the recidivism risks posed by some offenders. However, the most important sources of racial disparities in case outcomes are numerous practices, regulations, and laws that are too punitive, i.e. their social costs are likely greater than any derived social benefits. Since minorities, especially Blacks, face arrest at much higher rates than whites, they bear large disparate impacts from such policies.
    JEL: K0 K14
    Date: 2025–01
    URL: https://d.repec.org/n?u=RePEc:nbr:nberwo:33403
  2. By: Wong, Sara; Petreski, Marjan
    Abstract: This paper investigates the effects of competition laws and regulations on manufacturing firms productivity in Latin American countries (LACs), addressing a gap in existing research. Leveraging firm-level panel data from the World Bank Enterprise Surveys across 14 LAC economies and competition law indicators from the Comparative Competition Law initiative, the study employs total factor productivity (TFP) measures to analyze the effects of competition laws on manufacturing productivity through key mediators: firm size, distance to the frontier, and broader institutional arrangements. Utilizing various empirical methodologies that address potential biases, the findings reveal a nuanced relationship between competition law stringency, enforcement practices, and productivity outcomes across different industries and countries. Results reveal heterogeneous effects of competition law and enforcement on productivity, with certain aspects showing a positive relationship with productivity, particularly when controlling for firm size, while stronger enforcement measures weaken the positive association between competition law and productivity, potentially due to increased compliance costs and legal uncertainty. The study suggests a need for policymakers to strike a balance between regulatory stringency and enforcement in competition to avoid stifling innovation and hindering productivity growth, particularly in industries nearing technological frontiers. Accounting for industry-specific factors are essential for fostering fair competition and market efficiency without unduly burdening businesses.
    Keywords: Competition law and regulations;Firm productivity;Enforcement
    JEL: K21 L11 O54
    Date: 2025–01
    URL: https://d.repec.org/n?u=RePEc:idb:brikps:13963
  3. By: Gilles Grolleau (ESSCA School of Management Lyon); Murat C Mungan (Texas A&M University – School of Law); Naoufel Mzoughi (ECODEVELOPPEMENT - Ecodéveloppement - INRAE - Institut National de Recherche pour l’Agriculture, l’Alimentation et l’Environnement)
    Abstract: Using an original experimental survey, we analyze how people perceive punishments generated by artificial intelligence (AI) compared to the same punishments generated by a human judge. We use two vignettes pertaining to two different albeit relatively common illegal behaviors, namely not picking up one's dog waste on public roads and setting fire in dry areas.In general, participants perceived AI judgements as having a larger deterrence effect compared to the those rendered by a judge. However, when we analyzed each scenario separately, we found that the differential effect of AI is only significant in the first scenario. We discuss the implications of these findings
    Keywords: Artificial intelligence, AI, Judges, Punishments, Unethical acts, Wrongdoings
    Date: 2025
    URL: https://d.repec.org/n?u=RePEc:hal:journl:hal-04854067

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