Volume 20, Issue 1

Many studies have employed regression analysis with data drawn from court opinions. For example, an analyst might use regression analysis to determine the factors that explain the size of damages awards or the factors that determine the probability that the plaintiff will prevail at trial or on appeal. However, the full potential of multiple regression analysis in legal research has not been realized, largely because of the sample selection problem. We propose a method for controlling for sample selection bias using data from court opinions.

When a victim loses property due to an injurer’s wrongful act, it must be decided whether the damages award should include the sales taxes associated with the lost property’s replacement. This is especially acute when the victim can make other use of the damages award than replacement. This paper compares regimes that differ in how they treat sales taxes, focusing on possible distortions of consumption and care choices. We find that regimes that include sales taxes in damages awards only when incurred to replace the lost property (as, for instance, the German Civil Code does) induce suboptimal consumption and care incentives. Distortions of care incentives also depend on the nature of care expenditures (monetary or non-monetary).

This paper empirically investigates the impact of broadband diffusion on crime. I employ state-level data on high-speed Internet penetration and criminal activity in the United States from 2000 to 2012. To tackle the endogeneity of broadband diffusion, I rely on a set of technologically motivated instrumental variables. The outcomes show that the impact of high-speed Internet diffusion on crime is negative and it is not significant for more severe offenses. Concerning the underlying mechanism, I find support for the hypothesis that the broadband-driven crime reduction occurs through a voluntary incapacitation effect, as people change their leisure time allocation by spending more time at home and off the streets. This in turn reduces the availability of criminal opportunities – and crime levels. Finally, my results suggest that the voluntary incapacitation effect concerns both sides of criminal interactions.

The Peltzman effect posits that implementing safety measures incentivizes agents to reduce their effort to a degree where these measures become counterproductive. This paper emphasizes the significance of including the agent’s type (skills, attributes) when analyzing the effectiveness of safety measures. Using data from iRacing, an online racing simulator, we find that the detection of the Peltzman effect is solely attributed to the omitted variable bias; specifically, the omission of a variable capturing the agent’s type. Additionally, our data demonstrates that enhancing types (increasing skills) leads to safety improvements.

It is always an appropriate time to reevaluate, reexamine, and question the optimal scope and shape of antitrust institutions. In this article we ask whether the complex current distribution of competition functions in the U.S. can be improved by some reorganization or other reform. We answer in the affirmative and propose a number of improvements – perhaps the most significant being consolidating the competition functions of the FTC into the Antitrust Division and stripping the FCC of authority independently to review mergers, as it did in view of the similarly poor performance of the DOT when reviewing airline mergers. Our more general proposal with the authority of sectoral regulators over competition should not be overlooked, however; it would do much good with little or no downside.

It is difficult to overestimate the importance of protecting the rights and freedoms of entrepreneurs in a market economy – they are necessary “tools” and a driving force in the market relations that expand a country’s gross domestic product, and as such should be directly involved in the socio-economic policy of the state. Due to a historical absence of the specialised legal means and procedural tools required to ensure the effective security and protection of the rights of entrepreneurs, Kazakh legislators have carefully studied examples from other countries to develop their own legislation relating to profit-making entrepreneurial activities during the early stages of the post-independent development of Kazakhstan. In this way, licensing processes, protections for entrepreneurs from unreasonable inspections and abuse of power by the authorities, the creation of special organisations to protect entrepreneur’s rights, and a reduction in the number of administrative barriers in practice were all consolidated and codified into the regulatory structure. All the above allowed the authors to highlight the main purpose of this study – a comprehensive systemic study of the protection of the rights and legitimate interests of entrepreneurs in socio-economic, political, and legal relations (as exemplified by the Republic of Kazakhstan). The main and practically significant results were obtained by employing both theoretical and methodological analysis of scientific publications covering the issues of legal security and the protection of entrpreneurial rights and freedoms at the national and international levels, as well as tools of comparative legal, comparative political, systemic and structural analysis, value-statutory and institutional methods, and content analysis of statistical data and official documents. This paper constitutes a study of a scientific and recommendatory legal and socio-political nature, which has unconditional practical significance, originality in clarifying certain issues, and is aimed at a broad study of the essential aspects of the legal protection of entrepreneurial activity in modern Kazakhstan. We recognize that the subject considered in this paper is promising for further scientific elaboration and detailing of certain points, which have been superficially touched upon in this study.