Search results for "Law and Economics"

The Camorra and protection rackets: the cost to business

2016

Based on the observations from the judicial and investigative evidence provided by prosecutors in Camorra areas in Italy, this investigation provides an estimate of the economic impact of extortion racket to businesses. In particular, the estimates refer to the total and average withdrawal of monetary amounts from the businesses victimised by Camorra clans. Further insights are provided in terms of economic activities mostly victimised, and specifically the construction sector, which is subject to a different type of extortion racket.

Do fee-shifting rules affect plaintiffs’ win rates? A theoretical and empirical analysis

2021

Abstract This article studies whether fee-shifting rules can affect plaintiffs’ win rates. Beyond theoretical modeling, this study goes a step further and provides empirical evidence on this issue, thanks to the study of a real change in Spanish legislation. Spain applied the so-called English rule in 2011 in the administrative jurisdiction. This study explores whether plaintiffs were more or less successful when litigating against public administrations since then. After controlling for several other factors, it is shown that the new rule considerably increased plaintiffs’ win rate (while also reducing litigation). The paper also presents a theoretical model explaining that the English rul…

India’s Turn to Rights-Based Legislation (2004–2014): A Critical Review of the Literature

2018

This article surveys the academic literature on rights-based legislation and critically discusses key findings and arguments that emerge from this literature. I conduct this survey and discussion in light of a wider understanding of the political economy of Indian democracy as resilient but limited in terms of substantial forms of redistribution and recognition in favour of subaltern groups. This contradiction has arguably become especially pronounced in the context of neoliberalisation, where, despite the active participation of the poor in electoral democracy, socioeconomic inequality has reached dramatic heights, and I discuss rights-based legislation as a response to this. In conclusio…

Mafia Methods, Extortion Dynamics and Social Responses

2016

This chapter is devoted to exploring both the empirical results and the policy proposals produced by the GLODERS project. Based on 631 cases of extortions, the Sicily and Calabria extortion database represents a relevant achievement in the field of the research on extortion racket and it is one of the main results of the GLODERS project. Gathering a great amount of information, our empirical analysis revealed the existence of several differences in the extortive conducts carried on within these two regions, which are presented. Moreover, the chapter introduces the legislation related to the crime of extortion. Social and legal responses to the phenomenon are then discussed.

Simplified restructuring proceedings in Poland as an example of anti – crisis regulation due to the COVID-19 pandemic

2020

Summary The study discusses new legislative anti – crisis solutions adopted in Poland in connection with the COVID – 19 pandemic. The Polish legislator decided to introduce the so-called simplified restructuring procedure. This happened in the face of the expectations of both the jurisprudence of law and practice. On the one hand, the simplified restructuring procedure (the fifth independent type of restructuring procedure for an entrepreneur in Poland) allows for a quick, cheap and simplified conclusion of an arrangement with creditors outside the court, then approved by the court. On the other hand, the opening of such proceedings gives the debtor protection against enforcement at the cre…

Democratic Principles and the Economic Branch of the European Monetary Union

2017

L'articolo si propone di indagare sul valore che i vari principi democratici enunciati nel TUE hanno nello specifico settore dell'UEM, in particolare nel pilastro della politica economica, dopo l'entrata in vigore delle riforme contenute nel Six pack e nel successivo Two Pack. Il lavoro intende in particolare rispondere a tre domande: A) le regole contenute nel six pack e nel two pack in tema di controllo democratico sono espressione di un preciso modello di controllo democratico sulle scelte di politica economica nell'ambito dell'UEM? B) E' un simile modello compatibile con i principi democratici del TUE? C) I principi democratici non rappresentativi possono compensare il minor peso che vi…

From ‘polluter pays’ to ‘polluter does not pollute’

2016

Abstract Non-binding agreements, minor sanctions in the form of payment obligations and shaming have been the usual policy responses against environmental harms. In addition to this, many existing pieces of legislation on international environmental law and governance are based on good intent and voluntary agreement and they have proven to be limited or ineffective. This article argues that, at the current state of the climate crisis, there is no more room for negotiations and proposals which lead to false solutions. Acknowledging that, legal solutions to environmental problems require new formulations which incorporate a different understanding of nature and its non-human inhabitants; this…

2018

Representative, legislative and deliberative assemblies are commonly called parliaments. The three types of assemblies share many procedures and practices, and the Inter-Parliamentary Union include...

Commentary: ethnography, critique and the state. Some thoughts on “fiscal anthropological insights into the heart of contemporary statehood”1

2018

This commentary explores the assets and liabilities of anthropology for the study of core functions of statehood (such as taxation) that increasingly become a matter of transnational negotiation an...

Another "French paradox": explaining why interest rates to microenterprises dit not increase with the change in French usury legislation

2015

Conventional wisdom indicates that the growth of credit may not materialize if credit rates remain capped by usury laws, as had long been the case in France. France therefore abolished usury ceilings on loans to microenterprise in an effort to increase financing for microentrepreneurs. This should have led to an increase in interest rates and increase in microcredit. However, we do not find any increase in interest rates and this is therefore a paradox. The paper provides a brief literature review and the salient features of the legislative changes in France. It follows this up with a presentation of interest rate movements. The discussion of possible explanations of the paradox includes cl…