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Open research questions in Law, Economics, and Judicial Systems

133 unresolved questions extracted from the limitations and future-work sections of 1,694 Law, Economics, and Judicial Systems papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • The standard objection, which has gone unchallenged for decades, is that Symmetry seems to imply that we wrong ourselves in too many cases—where rights are unwaivable, or “self-consent” is lacking.

    Wronging Oneself · 2024 · DOI

  • The paper suggests that future research should consider the spill-over effect of R&D activities. The paper suggests that future research should model the spill-over effect of R&D investments in a way that the success probability is assumed to be s_i(x_i, x_j).

    Ex Ante Versus Ex Post Regulation of Two-Dimensional Investments in R&D and Product Safety · 2026 · DOI

  • The paper identifies a gap in the literature on the regulation of innovation and safety investment. The paper notes that prior work has not considered the possibility of accident risks in patent races.

    Ex Ante Versus Ex Post Regulation of Two-Dimensional Investments in R&D and Product Safety · 2026 · DOI

  • The field of behavioral sciences and law is relatively new and underdeveloped. There is a need for further research on the integration of behavioral sciences and law. There is a need for a contemporary definition of the field.

    Ciencias del comportamiento y derecho: del realismo jurídico al behavioral law and economics · 2026 · DOI

  • The issue of 'negative incentives for innovation' caused by the inefficiency of intellectual property dispute resolution urgently needs to be addressed. Chinese enterprises face practical constraints in their innovation activities, such as high costs of protecting rights and difficulties in commercializing results.

    Can the “Complex-Simple Case Diversion” Reform in Civil Litigation Procedures Promote Corporate Innovation? · 2026 · DOI

  • The study identifies the challenge of administrative rigidity in the granting and reviewing of social security benefits. The research highlights the difficulty of concretizing fundamental rights in regions facing territorial and social challenges. The study suggests the need for adapted measures to address the challenges faced by beneficiaries in the region.

    A atuação do poder judiciário na concessão e revisão dos benefícios previdenciários: análise crítica da judicialização do direito previdenciário no Amazonas · 2026 · DOI

  • Future research could explore the implementation of de-judicialization measures and improved social security management in Amazonas, Brazil. The study suggests the need for further analysis of the role of the Judiciary in ensuring social rights, especially in regions facing territorial and social challenges.

    A atuação do poder judiciário na concessão e revisão dos benefícios previdenciários: análise crítica da judicialização do direito previdenciário no Amazonas · 2026 · DOI

  • The slowness of the Judiciary and the bureaucracy of judicial proceedings. The lack of awareness of the population regarding the extrajudicial adverse possession procedure. The need for documentary requirements.

    A usucapião extrajudicial como instrumento de regularização imobiliária: análise da aplicação em Manaus/AM (2017–2025) · 2026 · DOI

  • The slowness of the Judiciary and the bureaucracy of judicial proceedings hinder the effective realization of the rights to property and housing. There is a need for a more efficient and effective means of regularizing immobile property.

    A usucapião extrajudicial como instrumento de regularização imobiliária: análise da aplicação em Manaus/AM (2017–2025) · 2026 · DOI

  • Future research should further develop the theory of legal survivals. Future research should analyze the implications of legal survivals for legal reform and policy-making. Future research should explore the relation between legal survivals and other concepts in legal theory.

    Legal survivals: concept, theory, methodology · 2026 · DOI

  • The paper identifies a gap in the understanding of legal survivals and their implications. The paper argues that prior work on legal culture and its continuity has not fully addressed the concept of legal survivals.

    Legal survivals: concept, theory, methodology · 2026 · DOI

  • The complexity of the relationship between axiology and economic law. The need to balance competing values such as freedom and social justice. The challenge of ensuring the material power of the state while promoting economic growth.

    Axiology of Law and the Economy · 2026 · DOI

  • The lack of consideration of values in economic practice. The need for a comprehensive understanding of the relationship between axiology and economic law.

    Axiology of Law and the Economy · 2026 · DOI

  • The lack of consensus on the solutions to address killer acquisitions in competition law - The need for more effective methods to identify and prevent killer acquisitions

    Fenomen tak zwanych zabójczych przejęć jako wyzwanie prawa konkurencji – w poszukiwaniu optymalnych rozwiązań · 2026 · DOI

  • The need to balance the right to credit with other principles in the Brazilian legal system. The lack of a clear definition of revenue that can be subject to seizure.

    A penhora sobre percentual de faturamento de empresa: · 2026 · DOI

  • The current approach to concreteness is undermining privacy protections. There is little rhyme or reason to how the lower courts have interpreted and applied Spokeo to other statutorily authorized injuries.

    Privacy Injuries and Article III Concreteness · 2026 · DOI

  • The federal securities laws disfavor retail investors who have been defrauded by false corporate disclosures. There is a lack of protection for retail investors under the federal securities laws.

    Retail Investor Remedies under Rule 10b-5 · 2026 · DOI

  • The study identifies the challenge of ensuring legal certainty in the application of law. The research highlights the challenge of balancing the need for substantive justice with the need for legal certainty.

    Reformulating the principle of legality in the 2023 criminal code: legal certainty versus living law · 2026 · DOI

  • The study identifies a gap in the analysis of the implications of the reformulation of the principle of legality in the 2023 Criminal Code. The research gap concerns the potential erosion of legal certainty resulting from the ambiguity surrounding the operational parameters of living law.

    Reformulating the principle of legality in the 2023 criminal code: legal certainty versus living law · 2026 · DOI

  • The paper identifies a gap in the understanding of the preventive function of civil liability from the perspective of economic analysis of law. The paper argues that the traditional understanding of civil liability as a set of rules for disciplining the repair of damages is no longer sufficient.

    THE PREVENTIVE FUNCTION OF CIVIL LIABILITY FROM THE PERSPECTIVE OF ECONOMIC ANALYSIS OF LAW · 2026 · DOI

  • The regulatory system for insider trading has long suffered from normative conflicts stemming from the dual intertwining of the fiduciary duty theory and the market fairness theory. The paper identifies the need to refine the judicial application rules for insider trading centered on equal information access.

    Normative Logic and Judicial Correction of Insider Trading Regulation from the Perspective of the Equal Information Access Theory · 2026 · DOI

  • Future research could explore the implications of the state actor issue for other public services. Future research could examine the effectiveness of policy changes aimed at addressing the ethical and legal consequences of privately run prisons and charter schools.

    Essays on State Actors, Privately Run Prisons, Charter Schools, Section 1983, Section 1988, Qualified Immunity, Ethical Pitfalls and Dilemmas, and Attorney Fee Payments · 2026 · DOI

  • The paper identifies a gap in the understanding of the state actor issue and its implications for privately run prisons and charter schools. The paper highlights the need for a comprehensive analysis of the state actor issue and its implications for policy change.

    Essays on State Actors, Privately Run Prisons, Charter Schools, Section 1983, Section 1988, Qualified Immunity, Ethical Pitfalls and Dilemmas, and Attorney Fee Payments · 2026 · DOI

  • Abstract This article develops the Open Question Dialectic (OQD), a metajurisprudential framework for analyzing how legal discourse regulates interrogative challenges.

    Interrogative Challenges in Legal Discourse · 2026 · DOI

  • The study identifies a gap in the understanding of the cumulative mechanisms of regulation that result in a gradual decline in legitimacy. The research gap is the lack of understanding of the relationship between regulation and legal legitimacy.

    Legitimacy Fatigue and Voluntary Legal Compliance Vulnerability in Continuously Regulated Societies · 2026 · DOI

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133 open questions have been extracted from the limitations and future-work passages of 1,694 Law, Economics, and Judicial Systems papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

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