Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Courts

Law and Economics

2009

Articles 1 - 2 of 2

Full-Text Articles in Law

Measuring The Efficiency Of Brazilian Courts From 2006 To 2008: What Do The Numbers Tell Us?, Luciana L. Yeung, Paulo F. Azevedo Dec 2008

Measuring The Efficiency Of Brazilian Courts From 2006 To 2008: What Do The Numbers Tell Us?, Luciana L. Yeung, Paulo F. Azevedo

Luciana L Yeung

This paper uses a linear optimization method called Data Envelopment Analysis (DEA) to measure the efficiency of Brazilian State Courts during the years of 2006 to 2008. Our results show that relative efficiency varies substantially across the states. There is a group of courts that consistently top performs in the sample. On the other hand, there is a group of consistent poor performers, as well a group of average performers. Yet, the biggest problem seems to be with a group of State Courts with very unstable results, which might indicate serious problems in data collection and/or measurement. DEA also shows …


Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan Dec 2008

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …