nep-law New Economics Papers
on Law and Economics
Issue of 2025–06–09
nine papers chosen by
Yves Oytana, Université de Franche-Comté


  1. Beyond EU Law Heroes Unleashing Strategic Litigation as a Form of Participation in the Union's Democratic Life By Alemanno, Alberto
  2. Supermarket operating hours and distance to crime By Chomali, Laura
  3. Digital control and market power in the automotive sector: OEMs, gatekeeping, and the future of aftermarket regulation By Hey, Florian; Zombek, Max
  4. Artificial Intelligence in Financial Services: Navigating Legal Frameworks in India and International Jurisdictions By Bose, Joy
  5. Guardians of Giving - An Empirical Analysis of the Relationship between Charitable Crowdfunding and Acquisitive Crime By Michelle Müller
  6. Labor Market Consequences of Homicides: Evidence from Mexico By Lorenzo Aldeco Leo; Matteo Ghilardi; Hugo Tuesta
  7. Echoes of injustice: The Goyo´s massacre in Poza Rica, Veracruz, Mexico, 1958. A comprehensive analysis of the socio-political impact and the quest for Human Rights and Accountability in Mexico By Medel-Ramírez, Carlos
  8. Coming of Age: The Hidden Health Costs of Legal Age Limits By Petri Böckerman; Mika Haapanen; Christopher Jepsen
  9. Impact of legislation on gig workers: evidence from Chile By Valenzuela-Rivera, Luis

  1. By: Alemanno, Alberto (HEC Paris)
    Abstract: This article discusses the emerging strategic litigation practice in the European Union through the lens of participatory democracy. After situating such a practice within the specificities of the EU legal order, it explores whether and extent to which strategic litigationunderstood as an additional form of participation in the Union's democratic lifemay contribute to EU participatory democracy and under which conditions. It unveils that while strategic litigation carries the potential to enhance democratic participation in the EU, it also risksdue to limited judicial literacy and unequal access to justiceempowering those already powerful. For strategic litigation to unleash its democratic potential at scale, EU courts mustas required by the 'Provisions on Democratic Principles' of the Treaty of Lisbonensure a participatory enabling environment capable of pro-actively catalysing and facilitating the ability of ordinary citizensas well as diffuse, under-resourced and traditionally overlooked groupsto be better able to contribute to the Union's democratic life. Ultimately, no legal order worth of its name should rely on the heroism of its citizens and residents to keep its legal system in check.
    Keywords: Strategic Litigation; European Union Law; EU Law; Court of Justice of the European Union; Public Interest Litigation; Amicus Curiae Briefs; Third Party Interventions; Access to Justice; Democracy; EU Democracy; Participatory Democracy
    JEL: K00
    Date: 2025–01–08
    URL: https://d.repec.org/n?u=RePEc:ebg:heccah:1539
  2. By: Chomali, Laura
    Abstract: Household chores, particularly those related to food—such as meal preparation and grocery shopping—continue to reflect significant gender disparities. Supermarkets, by reducing the distance between consumers and food purchases while leveraging economies of scale to offer affordable and diverse options, are often associated with food security. However, it remains unclear how the establishment of these businesses impacts their surroundings, especially in comparison to other security measures, such as addressing crime. This study examines how the operating hours and proximity of supermarkets affect local crime levels in Chicago, USA, over a one-year period (September 2023–August 2024). By combining three georeferenced datasets from the Chicago Police Department, Google Maps, and weather information to create a database and applying three negative binomial regression models. Results indicate that open supermarkets are generally linked to slightly lower crime rates, though this effect fluctuates throughout the day—reducing crime in early hours but increasing it during peak periods. While proximity alone shows no strong correlation with crime, open supermarkets exhibit a localized deterrent effect.
    Keywords: Crime, operating hours, supermarket, supermarket proximity
    JEL: D0 H0 R0 R00
    Date: 2025–05–20
    URL: https://d.repec.org/n?u=RePEc:pra:mprapa:124888
  3. By: Hey, Florian; Zombek, Max
    Abstract: The automotive industry is undergoing a fundamental transformation driven by digitization, enabling original equipment manufacturers (OEMs) to exert increasing control over vehicle functions, data, and - consequently - aftersales markets. Despite high relevance for consumers, regulatory scrutiny remains limited. This paper examines whether these developments constitute digital gatekeeping in a functional sense, and whether they justify increased regulatory attention. We show that OEMs' digital strategiesreinforce their dominance in secondary markets, particularly repair and maintenance. We assess the current European regulatory framework, focusing on the European Motor Vehicle Block Exemption Regulation (MVBER), and argue that it has not kept pace with the realities of software-defined vehicles. The planned MVBER review provides an opportunity to reassess legacy privileges and adapt competition rules to the digital age. We discuss potential reforms, including improved data access, stronger interoperability standards, and a broader definition of aftermarket components. We also examine supplementary measures such as a Right to Repair regime and self-regulation. Our analysis concludes that OEMs increasingly act as digital gatekeepers and that existing frameworks inadequately address the resulting risks. Regulatory recalibration is needed to safeguard innovation, consumer welfare, and long-term market openness.
    Keywords: aftermarket, antitrust, car data, competition policy, connected car, data governance, digital ecosystems, Digital Markets Act (DMA), extended vehicle, gatekeeping, interoperability, Motor Vehicle Block Exemption Regulation (MVBER), non-discriminatory terms, Original Equipment Manufacturer (OEM), rent seeking, Right to Repair, software defined vehicle
    JEL: D72 K21 L40 L42 L50 L51 L62
    Date: 2025
    URL: https://d.repec.org/n?u=RePEc:zbw:formwp:318332
  4. By: Bose, Joy
    Abstract: Use of Artificial Intelligence (AI) in financial services has shown rapid growth in India in the last couple of decades, thanks to the ability of AI to examine vast amounts of data, identify patterns and potential efficiency savings from using AI in automation. The major use cases of AI in the finance domain include automated credit scoring, fraud detection, insurance risk, algorithmic trading and investment advice including robo advisors. However, the law in India has been a bit slow in catching up with the multiple recent financial innovations involving AI. For example, India did not have an overarching privacy and data protection law until recently, when the Digital Personal Data Protection Act 2023 was passed. Fortunately, laws regulating finance in other countries such as GDPR in Europe and equivalent laws in USA and Singapore can serve as a model to enhance financial regulation in India. In this study, we first discuss important issues related to AI in finance related to bias, privacy, transparency, and ethics. Following a doctrinal and comparative legal methodology, we then study existing laws related to AI in finance in India and globally and identify missing areas in the current state of regulation of AI. We discuss a few landmark case studies in India and other countries related to legal aspects of AI in finance. Finally, we identify issues in existing Indian laws and make recommendations for a legal framework to handle the identified issues in AI in finance. Recommendations include mandating algorithmic transparency and explainability, introducing bias auditing and fairness testing, amending the DPDP Act to include automated decision rights, developing a risk-based AI regulatory framework, better regulatory capacity and industry self-governance. Only if lawmakers, regulators, and industry leaders effectively collaborate to meet the challenges, can we shape a fairer and dynamic financial AI ecosystem in India.
    Date: 2025–06–03
    URL: https://d.repec.org/n?u=RePEc:osf:lawarc:2my9a_v1
  5. By: Michelle Müller (Paderborn University)
    Abstract: When individuals find themselves in dire financial circumstances, like a cash-flow crisis, some respond by committing acquisitive crime. Informed by macro strain theory, charitable crowdfunding, an IS-enabled funding process, has the potential to mitigate this risk by offering a coping mechanism for people under financial pressure. This paper empirically analyzes the relationship between charitable crowdfunding activity and acquisitive crime by combining data from GoFundMe with crime data from the FBI and socioeconomic information for US counties. The regression results reveal a significant negative relationship between the number of charitable crowdfunding campaigns and acquisitive crime, especially for burglaries, thefts, and motor vehicle-thefts. This relationship is more pronounced in counties with a higher proportion of residents on comparably higher incomes, higher education and lower unemployment. Consistent with macro strain theory, the results further suggest that charitable crowdfunding can reduce negative emotions of fundraisers like sadness and fear. These findings highlight the potential of charitable crowdfunding to alleviate societal problems, and are relevant not only to researchers and crowdfunding platform operators but also to policymakers.
    Keywords: Charitable Crowdfunding, Acquisitive Crime, Societal Impact of IS, Digital Divide, Macro Strain Theory
    JEL: O33
    Date: 2025–05
    URL: https://d.repec.org/n?u=RePEc:pdn:dispap:141
  6. By: Lorenzo Aldeco Leo; Matteo Ghilardi; Hugo Tuesta
    Abstract: This paper explores how fluctuations in crime rates influence labor market outcomes in Mexico. Using detailed survey data and an individual-fixed effect estimation, the analysis reveals distinct gender dynamics in response to rising homicide rates. Men are more likely to exit the labor market due to reduced demand for their labor, while women increasingly join the workforce, mainly in the informal sector, to offset this decline. This outcome is largely driven by the presence of drug trafficking organizations, which primarily employ men in their operations. Escalating violence also increases labor mobility, leading to higher job separations, particularly among women seeking safer employment. Our results highlight that while increasing crime in the form of homicides may not induce large changes in the aggregate level of employment, there is evidence of labor reallocation across and within sectors. This suggests an increase in labor market misallocation.
    Keywords: Crime; Labor Markets; Gender; Mexico.
    Date: 2025–05–23
    URL: https://d.repec.org/n?u=RePEc:imf:imfwpa:2025/100
  7. By: Medel-Ramírez, Carlos
    Abstract: The document presents an in-depth analysis of a crucial chapter in the history of human rights in Mexico—the 1958 Poza Rica event, often referred to as Goyo's Massacre. This book investigates the harrowing episode that unfolded in the wake of accusations of electoral misconduct, highlighting the severe crackdown on oil workers who were protesting, by the authorities. The book draws on the intellectual frameworks of notable figures such as Amartya Sen, Martha Nussbaum, and John Rawls to critically analyze the moral and social repercussions of this bleak period. It addresses the restriction of fundamental rights, including civic participation, access to public services, and the guarantee of security, rights from which the victims were deprived. Moreover, it explores the massacre's lasting impact on Mexico's human rights discourse, catalyzing legal and social reforms to address the nation's past and influence global conversations on human rights. Furthermore, the book details the National Human Rights Commission (CNDH)'s strategies for remedying these injustices, including calls for public apologies, maintenance of commemorative sites, initiatives for formal recognition of victims, and psychological assistance for their relatives. It aims to deepen discussions on human rights and justice by providing a comprehensive and morally aware exposition of the Poza Rica Massacre's continuing legacy.
    Keywords: Poza Rica Massacre Human rights violations Historical injustice Mexico's political landscape CNDH investigation
    JEL: K00 K42 N46 O54 Z18
    Date: 2024–02–07
    URL: https://d.repec.org/n?u=RePEc:pra:mprapa:120423
  8. By: Petri Böckerman; Mika Haapanen; Christopher Jepsen
    Abstract: Using high-quality Finnish register data and a regression discontinuity approach, we study the health effects of reaching the legal drinking ages of 18 and 20. Our results show that at age 18, when beer, wine, and car driving become legal, mortality and hospitalizations increase discontinuously, especially among men, and they are driven by alcohol and traffic-related causes. At age 20, when spirits become legal, alcohol-related deaths and accidents increase for men, and suicide risk rises for women. We also find meaningful adverse spillover effects on younger siblings. When an older sibling turns 18, their younger brothers face increases in alcohol-related mortality, traffic-related hospitalizations, and suicide attempts, while younger sisters experience more alcohol-related hospitalizations. Spillovers at age 20 are weaker but persist for younger brothers.
    Keywords: drinking age, legal age, mortality, hospitalizations, sibling effects, regression discontinuity
    JEL: I12 K32 H50
    Date: 2025
    URL: https://d.repec.org/n?u=RePEc:ces:ceswps:_11907
  9. By: Valenzuela-Rivera, Luis
    Abstract: Based on representative samples of gig workers from Chile (drivers and riders working through applications like Uber and Rappi), this paper explores the subjective and objective impact of two Chilean laws regarding the gig economy. The demographic and employment characteristics of these workers, including job satisfaction and motivation, are also analyzed. Overall, laws have a muted to negative effect on workers. For the first law (which formalizes the status of gig workers as workers), those who report a negative impact associate it with less flexibility regarding working hours, in addition to the now compulsory income taxes. For the second law (which increases the requirements to work as driver), more than half report that they will stop working. Partial compliance with the law also stands out, which is particularly clear in the low and stable rate of income reporting to the State by workers.
    Keywords: ig workers, gig economy, job satisfaction, social policy
    JEL: J28 J46 J88 K31
    Date: 2024–02
    URL: https://d.repec.org/n?u=RePEc:pra:mprapa:124894

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