Open research questions in Law, Economics, and Judicial Systems
124 gap statements mined from Law, Economics, and Judicial Systems papers in our 7.9M-paper local library, which holds 1,860 papers on the topic — drawn mostly from each paper's own stated research gap, future-work, challenge and limitation notes, and its abstract. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one.
Choosing where to publish on Law, Economics, and Judicial Systems? See the ranked Economics journals.
What the literature leaves open
Areas where insufficient data were found to determine synchronicity with the district attorney election cycle are omitted.
Prosecutor politics: The impact of election cycles on criminal sentencing in the era of rising incarceration · 2026 · DOIThe model shows that, contrary to what many have suggested, proof-of-causation problems alone are insufficient to justify MSL.
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 · DOIThe 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 · DOIThe 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 · DOIThe 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 · DOIThe 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 · DOIFuture 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 · DOIThe 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 · DOIFuture 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.
The paper argues that prior work on legal culture and its continuity has not fully addressed the concept of legal survivals.
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.
The lack of consideration of values in economic practice. The need for a comprehensive understanding of the relationship between axiology and economic law.
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.
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.
Article 2, by contrast, functions as a subsidiary corrective mechanism that may be invoked only in exceptional circumstances where statutory law alone is insufficient to achieve substantive justice without undermining legal certainty, equality before the law, or constitutional guarantees of due process.
Reformulating the principle of legality in the 2023 criminal code: legal certainty versus living law · 2026 · DOIThe 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 · DOIWhether it still benefits society is, for all intents and purposes, an open question, one that begs for a response that takes into account society as it exists in 2026. Even though it appears to be settled law, Section 1983 claims involving qualified immunity remain controversial.
Essays on State Actors, Privately Run Prisons, Charter Schools, Section 1983, Section 1988, Qualified Immunity, Ethical Pitfalls and Dilemmas, and Attorney Fee Payments · 2026 · DOIThe 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 · DOIIt highlights the need for more effective legal frameworks that take into account the interplay between fire safety, legal frameworks, and economic considerations.
It discusses the challenge of combating the asymmetry problem in litigation, where repeat players may have an advantage over one-off players. The paper also touches on the challenge of evaluating the effectiveness of judges' predictions and the impact of their decisions on future litigation and precaution-taking.
The gap is related to the lack of analysis on the role of judges and politicians in precaution-taking and litigation. The paper aims to fill this gap by providing a novel analysis of the concept of self-negating predictions.
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 · DOIThe prevailing public narrative applies different presumptions to the two sides of the payment dispute, - The QPA methodology has been criticized for producing artificially low benchmarks.
Ghost Rates Under the No Surprises Act: How Insurer Calculations Artificially Lower the Qualifying Payment Amount · 2026 · DOIThe lack of consensus on the solutions to address killer acquisitions in competition law - The need for more effective methods to identify and prevent killer…
Fenomen tak zwanych zabójczych przejęć jako wyzwanie prawa konkurencji – w poszukiwaniu optymalnych rozwiązań · 2026 · DOI
Most-cited papers in Law, Economics, and Judicial Systems
- Legal Determinants of External Finance · The Journal of Finance · 1997 · 5,991 citations
- The Liability of Newness: Age Dependence in Organizational Death Rates · American Sociological Review · 1983 · 1,210 citations
- The Industrial Organization of Congress; or, Why Legislatures, Like Firms, Are Not Organized as Markets · Journal of Political Economy · 1988 · 816 citations
- The Economic Theory of Public Enforcement of Law · Journal of Economic Literature · 2000 · 805 citations
- A Behavioral Approach to Law and Economics · Stanford Law Review · 1998 · 761 citations
- The Rise of the Regulatory State · Journal of Economic Literature · 2001 · 737 citations
- Legal Origins · The Quarterly Journal of Economics · 2002 · 620 citations
- An Economic Analysis of the Courts · The Journal of Law and Economics · 1971 · 504 citations
- The Endogeneity of Legal Regulation: Grievance Procedures as Rational Myth · American Journal of Sociology · 1999 · 496 citations
- The Legal Environments of Organizations · Annual Review of Sociology · 1997 · 476 citations
Most recent work
- Court Capture, Local Protectionism, and Economic Integration: Evidence from China · The Review of Economics and Statistics · 2026
- The impact of digital justice on firm digital innovation: Evidence from China's internet courts · Computer law & security review · 2026
- Judicial independence and entrepreneurship: Evidence from China's judicial independence reform · Economic Analysis and Policy · 2026
- Financial-judicial specialization and corporate innovation: Evidence from the establishment of financial courts in China · Journal of International Financial Markets Institutions and Money · 2026
- Peer Learning, Enforcement, and Reputation · The RAND Journal of Economics · 2026
- Controversias jurídico-dogmáticas entre el derecho civil y el derecho penal: caso del ejercicio del derecho de posesión en Colombia · IUSTA · 2026
- The Last Costly Signal: How Generative AI Collapses Competence Signaling and Why Liability Sustains Markets for Expert Services · Games · 2026
- The Economics of Appeals · The Journal of Law and Economics · 2026
- Essays in law and economics of enforcement · Graduate Institute Geneva Institutional Repository (Graduate Institute of International and Development Studies) · 2026
- Regional Judicial Level and Clearance of Zombie Firms: Evidence from the Circuit Courts in China · Emerging Markets Finance and Trade · 2026
Find a gap in your own Law, Economics, and Judicial Systems sub-topic
This page shows what the Law, Economics, and Judicial Systems literature already flags as unresolved. To narrow it to your specific question, search the Research Gap Finder: the search is free with a free account and lists the papers closest to your topic first. Unlocking that topic (50 credits, charged once) fills the comparison table from our 7.9M-paper local library and writes the gaps from its rows.
Open the Research Gap Finder →