Journal of Empirical Legal Studies最新文献

Excessive CEO power is often regarded as value-destroying. We use a quasi-exogenous regulatory shock to analyze whether improved governance helps to channel firms with powerful CEOs toward more value-enhancing corporate policies. We use the Sarbanes-Oxley Act and NYSE/NASDAQ listing rules and focus on firms that were required to improve governance. We find that postregulation firms led by powerful CEOs increase innovation inputs (Research and Development expenditures) and produce more innovation outputs (patents) that are scientifically more important (citations) and economically more valuable (market value of patents). Investment quality also improves, manifesting in better takeover performance and improvements in firm performance and corporate value. Our results suggest that improved governance can mitigate value destruction in powerful CEO-managed firms. We take steps to mitigate econometric concerns and ensure our results are robust to various combinations of fixed effects and control variables.

It is widely claimed that the level of transnational litigation in U.S. courts is high and increasing, primarily due to forum shopping by foreign plaintiffs. This “transnational forum shopping claim” reflects the conventional wisdom among transnational litigation scholars. Lawyers use the claim in briefs; judges use it in court opinions; and interest groups use it to promote law reform. This article reassesses the transnational forum shopping claim theoretically and empirically. It argues that despite globalization, there are reasons to doubt the claim. Changes in procedural and substantive law have made the U.S. legal system less attractive to plaintiffs than it supposedly once was. Meanwhile, other legal systems have been adopting features similar to those that are said to have made the United States a “magnet forum” for foreign plaintiffs, and arbitration is growing as an alternative to transnational litigation. Empirically, using data on approximately 8 million civil actions filed in the U.S. district courts since 1988, the article shows that transnational diversity cases represent only a small portion of overall litigation, their level has decreased overall, and U.S., not foreign, plaintiffs file most of them. The data also reveal that federal question filings by foreign resident plaintiffs are not extensive or increasing either. These findings challenge the transnational forum shopping claim and law reforms based on it, and suggest that it should no longer be used by lawyers, judges, and scholars—at least not without supporting data. The article’s analysis also suggests new directions for transnational litigation as a field of scholarship that would move it beyond its current focus on U.S. courts toward a focus on understanding the dynamics of transnational litigation in global context.

Collegiality plays a central role in judicial decision-making. However, we still lack empirical evidence about the effects of collegiality on judicial decision-making. In this article, I argue familiarity, an antecedent to collegiality, improves judicial deliberations by encouraging minority dissent and a more extensive debate of different legal viewpoints. Relying on a novel dataset of 21,613 appeals in criminal cases at the German Federal Court of Justice between 1990 and 2016, I exploit quasi-random assignment of cases to decision-making groups to show that judges' pairwise familiarity substantially increases the probability that judges schedule a main hearing after first-stage deliberations. Group familiarity also increases the length of the justification of the ruling. The findings have implications for the way courts organize the assignment of judges to panels.

How well do firearm markets comply with firearm restrictions? The Massachusetts Attorney General issued an Enforcement Notice in 2016 to announce a new interpretation of the key phrase “copies and duplicates” in the state's assault weapons ban. The Enforcement Notice increased assault rifle sales by 1349 (+560%) within 5 days, followed by a reduction of 211 (−58%) over the next 3 weeks. Assault rifle sales were 64%–66% lower in 2017 than in comparable earlier periods, suggesting that the Enforcement Notice reduced assault weapon sales but also that many banned weapons continued to be sold.

We offer the first large-scale descriptive study of residential leases, based on a novel dataset of ~170,000 residential leases filed in support of over ~200,000 Philadelphia eviction proceedings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, and to 16,261 unique owner-landlords, we show that unenforceable terms are likely to be associated with more expensive leaseholds in richer, whiter parts of the city. This result is linked to particular landlords' growing adoption of shared forms, originally created by nonprofit landlord associations, and more recently available online for a nominal fee. Generally, such shared form leases contain worse rules for tenants than the proprietary leases they replace. Over time, it has become easier and cheaper for landlords to adopt such common forms, meaning that access to justice for landlords strips tenants of rights.

Interest groups have become increasingly involved in every aspect of American politics, including at the U.S. Supreme Court, with the filing of amicus curiae briefs. In recent years, the justices have been more frequently citing interest-group-filed briefs in their opinions, suggesting these groups play some role in the decision-making process. What we do not know is whether these types of citations might carry any potential implications for public perceptions of the Court's decisions as this phenomenon becomes more prevalent and people become equipped with this information. To test this empirically, I implement a survey experiment with approximately 3000 respondents that assesses acceptance of Supreme Court opinions that cite interest-group-filed amicus curiae briefs. I find that the public is less accepting of decisions that cite ideologically overt interests in the aggregate and less accepting of decisions that cite interest groups that are ideologically incompatible with their own preferences. However, the public does not view Supreme Court decision making as political, even when the justices cite ideologically charged groups. Taken together, these findings suggest the public uses interest group source cues to evaluate Supreme Court decisions when equipped with this information and that while the public responds negatively to politics in Supreme Court decisions, the Court maintains its image as a nonpolitical entity.

I study the effects of requiring lawyers to pass the bar exam on whether they are later publicly disciplined for misconduct. In the 1980s, by abolishing what is known as a diploma privilege, four states began to require graduates from all law schools to pass the bar exam. My research design exploits these events to estimate the effect of the bar passage requirement on the share of lawyers publicly sanctioned by state discipline bodies. I find that during the first decade of their careers lawyers licensed without a bar passage requirement are publicly sanctioned at similar rates to lawyers licensed after passing a bar exam. Small differences do begin to emerge after a decade, however, and larger though still modest differences form after two decades.

Although there are several collateral consequence relief mechanisms that could theoretically be used to improve employment outcomes for those with criminal history, many of these mechanisms are available only for first-time/low-level individuals or possess other requirements that limit their accessibility. Recognizing these facts, some jurisdictions have created certificates of relief, which are generally more accessible than other relief mechanisms. The goal of the current study was to test whether one state's (Ohio) certificate could improve hiring outcomes for men with criminal histories comprised of felony theft, felony drug possession, and misdemeanor drug paraphernalia convictions. This goal was achieved with the use of two field experiments. Results showed that certificate holders with criminal history received significantly fewer callbacks than those with no criminal record and fared no better than those with an identical criminal record and no certificate. Further, African-American applicants received significantly fewer callbacks than white applicants in all criminal record categories.

This article seeks to explain the large decline in drinking and driving that occurred in the United States during the 1980s and 1990s. Using a simple measure of drinking and driving—the fraction of crashes involving drinking drivers—we develop a basic traffic safety model that improves estimates of drunk driving laws' effects and breaks down declines in drinking and driving into components associated with each major influence that has been identified in the literature—including unobservable “social forces.” In this decomposition, we find that the widespread enactment of seven major drunk driving laws explains only one-fifth of the reduction in drinking and driving over this period, comparable to the effects of reduced alcohol consumption and less than those of demographic shifts and changes in social attitudes. “The Other Great Moderation” is best understood as a two-decade movement of drinking and driving to a new steady state, led by social forces and cemented and extended by law.