The Divergence of Legal Procedures

Balas, Aron; Porta, Rafael La; Silanes, Florencio López de; Shleifer, Andrei

doi:10.2139/ssrn.1091232

Cited by 20 publications

(23 citation statements)

References 24 publications

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“…For instance, a formalism index has been created based on various national legal procedures, and the creators found that greater procedural formalism was associated with slower and lower quality decision making (Djankov 2003). These data are not contemporaneous with those of our other measures (2002 vs. 2006), but research has found that the measure is relatively invariant over time (Balas et al. 2008).…”

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confidence: 66%

Creating Quality Courts

Cross

Donelson

2010

J Empirical Legal Studies

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Numerous studies examine the importance of legal systems, yet there is little scholarship on how nations can improve their legal systems. Nations might try to invest more resources, including increasing overall budgets, increasing judicial salaries, or expanding the number of judges and/or courts. We examine data for a set of European nations, with a focus on the most effective way to use national resources to enhance judicial quality. We consider the effect of different uses of government resources and the effect of different judicial systems on measures of judicial quality, including independence, efficiency, the rule of law, and perceived impartiality.

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confidence: 66%

Creating Quality Courts

Cross

Donelson

2010

J Empirical Legal Studies

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“…Mahoney [2009] goes on to say that one does not expect the coding of existing rules to capture how the law is actually used. As I mentioned previously, this has caused researchers to consider alternative measures for the legal environment, such as the survey of attorneys across countries carried out by Djankov et al [2005] and Balas et al [2009].…”

Section: The Economic Consequences Of Enforcementmentioning

confidence: 99%

Accounting Standards, Financial Reporting Outcomes, and Enforcement

Holthausen

2009

J of Accounting Research

273

118

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In this paper, I draw parallels between the literatures on the effects of law on the financial development of countries and on the effects of accounting standards on financial reporting outcomes. My central thesis is that these literatures are complementary in terms of what they have to say about understanding the effects of law, regulations and accounting standards on economic and financial reporting outcomes. Moreover, both literatures suggest that U.S. securities laws and financial reporting standards have taken a more regulatory direction over time. I then take these themes and draw implications for the effects of the adoption of International Financial Reporting Standards (IFRS) around the world at the time of adoption and over time. Disciplines Accounting | Finance | Finance and Financial ManagementThis journal article is available at

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“…hand, there are those who argue that legal systems are converging due to regional integration and the prominence of international legal rules (e.g., Husa 2004, Reimann 2002. Other scholars maintain that differences among legal systems have deep historical roots that are not easily altered (e.g., Balas et al 2008) and that have enduring effects on the performance of legal, economic, and political institutions (e.g., la Porta et al 1998Porta et al , 2004. Legrand (1996) argues that divergence persists primarily due to the fundamentally different legal mentalités that practitioners in different legal cultures have internalized.…”

Section: Legal Culturementioning

confidence: 99%

The Impartiality of International Judges: Evidence from the European Court of Human Rights

Voeten

2008

Am Polit Sci Rev

183

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C an international judges be relied upon to resolve disputes impartially? If not, what are the sources of their biases? Answers to these questions are critically important for the functioning of an emerging international judiciary, yet we know remarkably little about international judicial behavior. An analysis of a new dataset of dissents in the European Court of Human Rights (ECtHR) yields a mixed set of answers. On the bright side, there is no evidence that judges systematically employ cultural or geopolitical biases in their rulings. There is some evidence that career insecurities make judges more likely to favor their national government when it is a party to a dispute. Most strongly, the evidence suggests that international judges are policy seekers. Judges vary in their inclination to defer to member states in the implementation of human rights. Moreover, judges from former socialist countries are more likely to find violations against their own government and against other former socialist governments, suggesting that they are motivated by rectifying a particular set of injustices. I conclude that the overall picture is mostly positive for the possibility of impartial review of government behavior by judges on an international court. Like judges on domestic review courts, ECtHR judges are politically motivated actors in the sense that they have policy preferences on how to best apply abstract human rights in concrete cases, not in the sense that they are using their judicial power to settle geopolitical scores.

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The Divergence of Legal Procedures

Cited by 20 publications

References 24 publications

Creating Quality Courts

Creating Quality Courts

Accounting Standards, Financial Reporting Outcomes, and Enforcement

The Impartiality of International Judges: Evidence from the European Court of Human Rights

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