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30 result(s) for "MELCARNE, ALESSANDRO"
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Bankruptcy delay and firms’ dynamics
The present paper explores the link between bankruptcy law and firms’ dynamics, focusing on Italy as a case study. Relying on a previous literature dealing with the concept of entrepreneurship “friendly” bankruptcy law, we stress the idea that bankruptcy institutions, although connected to a painful event for firms, might still yield beneficial consequences on a societal level. In particular, we find evidence that quicker judicial resolutions of liquidation bankruptcies have an impact on firms’ entry and exit rates in Italy, by reducing the indirect costs that a bankrupt firm must undergo and allowing a quicker reallocation of assets towards more efficient destinations. Such effect is related with firms’ organizational structure and size.
Careerism and judicial behavior
Although often criticized by part of legal scholarship, the idea of judicial behavior being influenced by judges’ egoistic goals simply needs the appropriate institutional setting in order to be validated. In the present paper, the hypothesis of careerism affecting judges’ conduct is investigated with regard to the case of the Italian Constitutional Court, where judges only serve for a limited and non-renewable term of 9 years. This institutional framework allows to reasonably assume on a theoretical level the existence of career concerns among them. In order to maximize the chances of future appointments, judges try to earn as much reputation as possible among relevant audiences. Empirical evidence supports the theory that career concerns push judges to react to incentives that alter the reputational returns of their conduct. This result holds independently of judges’ personal characteristics that might influence their professional concerns.
The economic importance of judicial institutions, their performance and the proper way to measure them
In the present paper we contribute to the previous literature on de facto enforcing mechanisms, by focusing on the role of judicial institutions and their performance and measurement. We propose both theoretical and empirical evidence supporting the necessity of a clear distinction between two measures of judicial performance, efficiency and efficacy, which have often been confused in previous literature. Not only might economic actors not be affected to the same extent by these two indicators, but we show that these measures do not even correlate significantly with each other. We also bring evidence against the alleged trade-off between the quality of justice and judicial performance in its quantitative dimension, showing that this relationship is much more complicated than is claimed by some legal scholars.
Fake & original: the case of Japanese food in Southeast Asian countries
This paper seeks to answer two main questions: whether restaurants using a national brand to capture customers in fact use original national ingredients for producing food and, in cases where original ingredients are not used, what is the economic rationale behind this choice? Specifically, the study focuses on Japanese restaurants in three Southeast Asian countries, using a theoretical model and an empirical investigation based on interviews and survey data collected through field research. Considering restaurants, their suppliers, and their customers, we show how a dual asymmetric-information problem exists, between suppliers and restaurants and between restaurants and their customers. The results indicate that a first reason for buying non-original ingredients—important especially for cheaper restaurants—is a desire to reduce costs. That said, the use of non-original ingredients occurs among all types of Japanese restaurants in the three studied countries. It does not depend on the presence of a Japanese chef or owner, nor on the share of Japanese customers. By contrast it does significantly depend on the reliability of the wholesale channel, and the resultant difficulties that restaurants encounter when buying original ingredients.
JUSTICE WITHOUT ROMANCE: THE HISTORY OF THE ECONOMIC ANALYSES OF JUDGES’ BEHAVIOR, 1960–1993
Richard Posner’s “What Do Judges and Justices Maximize?” (1993b) is not, as usually believed, the first analysis of judges’ behaviors made by using the assumption that judges are rational and maximize a utility function. That analysis arrived at the end of a rather long process. This paper recounts the history of this process, from the “birth” of law and economics in the 1960s to 1993. We show that economic analyses of judges’ behavior were introduced in the early 1970s under the pen of Posner. At that time, rationality was not modeled in terms of utility maximization. Utility maximization came later. We also show that rationality and incentives were introduced to explain the efficiency of common law. Around this theme, a controversy took place that led Posner and other economists to postpone their analysis of judicial behavior until the 1990s. By then, the situation had changed. New and conclusive evidence of judges’ utility maximizing behavior demanded a general theory to be expressed. In addition, the context was favorable to Chicago economists. It was time for Posner to publish his article.
Judicial efficiency and entrepreneurs’ expectations on the reliability of European legal systems
Many theories have tried to discover the determinants of entrepreneurship while at the same time defining a policy contour for its promotion. This study advances the extant discussion by focusing on the specific relationship between national judiciaries’ performances and expectations about the reliability of the legal framework, which is an important component fostering entrepreneurial action. More precisely, by conducting an empirical investigation on a number of European countries, it assesses the role that judicial efficiency plays in reducing endogenous uncertainty in markets.
Prosecutors, judges and sentencing disparities: Evidence from traffic offenses in France
While there is widespread evidence that sentences for similar cases tend to differ across courts, the production of sentencing disparities by prosecutors versus judges has received very limited attention to date. In this paper, we focus on this issue using traffic offenses data from neighboring courts in SouthEast France. First, we measure disparities for observably similar cases both at the extensive margin (type of sentences) and intensive margin (quantum) and find large differences in sentencing across courts. Second, we decompose those disparities between the influence of prosecutors through their procedural choices (simplified versus classical criminal procedures) and that of judges who always have the final word on sentences. While there is heterogeneity in the role of prosecutors between courts, we find that most sentencing disparities cannot be explained by the sole decisions of prosecutors.
Fake & original: the case of Japanese food in Southeast Asian countries
This paper seeks to answer two main questions: whether restaurants using a national brand to capture customers in fact use original national ingredients for producing food and, in cases where original ingredients are not used, what is the economic rationale behind this choice? Specifically, the study focuses on Japanese restaurants in three Southeast Asian countries, using a theoretical model and an empirical investigation based on interviews and survey data collected through field research. Considering restaurants, their suppliers, and their customers, we show how a dual asymmetric-information problem exists, between suppliers and restaurants and between restaurants and their customers. The results indicate that a first reason for buying non-original ingredients—important especially for cheaper restaurants—is a desire to reduce costs. That said, the use of non-original ingredients occurs among all types of Japanese restaurants in the three studied countries. It does not depend on the presence of a Japanese chef or owner, nor on the share of Japanese customers. By contrast it does significantly depend on the reliability of the wholesale channel, and the resultant difficulties that restaurants encounter when buying original ingredients.
Prosecutors, judges and sentencing disparities: Evidence from traffic offenses in France
While there is widespread evidence that sentences for similar cases tend to differ across courts, the production of sentencing disparities by prosecutors versus judges has received very limited attention to date. In this paper, we focus on this issue using traffic offenses data from neighboring courts in South-East France. First, we measure disparities for observably similar cases both at the extensive margin (type of sentences) and intensive margin (quantum) and find large differences in sentencing across courts. Second, we decompose those disparities between the influence of prosecutors through their procedural choices (simplified versus classical criminal procedures) and that of judges who always have the final word on sentences. While there is heterogeneity in the role of prosecutors between courts, we find that most sentencing disparities cannot be explained by the sole decisions of prosecutors.