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Open research questions in Law, Economics, and Judicial Systems

29 unresolved questions extracted from the limitations and future-work sections of 1,585 Law, Economics, and Judicial Systems papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • 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 · DOI

  • Legislative proposals presented in the draft law of 13 April 2023 are insufficient and flawed, though the direction of changes must be recognized as correct.

    Civil-law aspects of carrying out an economic activity by persons with disabilities who do not have full capacity to perform acts in law · 2024 · DOI

  • Whether de lege ferenda a civil partnership, in particular the one running a business, should be recognised in law – as in some countries – as an entrepreneur, is an open question, although the existence (and especially the consistent application) of the rules on the general partnership as a specialised type of civil partnership does not make the matter pressing.

    Osoba fizyczna jako przedsiębiorca · 2023 · DOI

  • n Put simply, it remains unclear what conduct § 666 actually outlaws: how explicit must an exchange be before it comes within the statute's scope?This confusion is certainly not unique to § 666.

    Federal Anticorruption Law in the State and Local Context: Defining the Scope of 18 U.S.C. § 666 · 2012

  • In equal employment cases involving an employer with a number of locations or subunits, defendants may argue that the data should be examined separately for each unit, while plaintiffs may pool the data into one or several large samples or focus on a few units in which statistical significance was observed.

    Some important statistical issues courts should consider in their assessment of statistical analyses submitted in class certification motions: implications for Dukes v. Wal-mart · 2011 · DOI

  • 14 This dispute between Cuban and the SEC exemplifies an important question that has not been addressed by the Supreme Court or any of the courts of appeals: Is a confidentiality agreement alone sufficient to create a duty, the breach of which establishes insider trading liability under the misappropriation theory? In this Note, I address that question, as well as the related issue of whether the SECs Rule 10b5-2 is valid.

    Reining in Maverick Traders: Rule 10b5-2 and Confidentiality Agreements* · 2009

  • ORGANIZATION THEORY 51 tion and the American Bar Association, although its ultimate organiza- tional affiliation and structure still remains uncertain.

    ORGANIZATION THEORY, SOCIOLOGY OF LAW, AND BUSINESS LAW: DIVIDED PARTS OF THE SAME FIELD · 1966 · DOI

  • 307Because technology companies today are reliant onthesurveil-for-profitmodel,andbecausetherealitiesoftheirdatapractices are easily obscured and poorly understood, the competitive pressure is to appearsensitive to privacy concerns rather than actually pursuing a difference in substance. Together, these pieces paint an unflattering portrait of the status quo: concern about dominantinformational platforms is warranted and precipitated a raft of new privacy laws, but those laws aren’t achieving their stated ends — and are instead further entrenching their ostensible targets.

    Privacy Injuries and Article III Concreteness · 2026 · DOI

  • As shown, there is no consensus on these solutions, while their spectrum is wide and varied, reflecting the specific market and legal conditions of individual jurisdictions.

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

  • Collectively, our descriptive evidence establishes a foundation for further research into underexplored types of corporate litigation that represent a broad range of alleged wrongdoing and socially irresponsible behavior.

    Incidence, Risk, and Disclosure of Corporate Litigation: Insights from Federal Court Filings · 2026 · DOI

  • Securities class actions are among the most controversial topics in the corporate and securities law literature, but despite these actions’ significance, little is known about the impact of their introduction into the legal system.

    The Capital Market Effects of Introducing Private Rights of Action in Securities Regulation: Evidence from the United Kingdom · 2023 · DOI

  • That is why the newest jurisdiction indicates that the interpretation process should involve all the methods of interpretation: linguistic, system and functional because relying only on the first one is insufficient.

    Z problematyki wykładni prawa karnego · 2021 · DOI

  • Thus, even if the indeterminacy claims of Realism are limited to the domain of litigated cases, the distinction between paper and real rules determines the makeup of that domain, and accordingly pervades the entirety of law.

    Legal Realism Untamed · 2013

  • After reviewing existing case law on the issue, I argue that a confidentiality agreement is insufficient to establish a duty that could give rise to liability for insider trading, and that Rule 10b5-2, to the extent that it is inconsistent with that proposition, is invalid.

    Reining in Maverick Traders: Rule 10b5-2 and Confidentiality Agreements* · 2009

  • However, while patentees can, and often do, bring infringement actions against corporate defendants, their ability to join the corporate participants-the owners and agents of the corporation-has been seriously limited by the U.

    The Internalization of Corporate Patent Infringement: Challenging the Federal Circuit's Approach to Corporate-Participant Liability* · 2009

  • However, the quality of the investment climate that determines the risks and transaction costs associated with investing and operating a business, as well as the implementation of competition law and policy, tend to vary widely across Latin American countries.

    The Investment Climate, Competition Policy, and Economic Development in Latin America · 2007

  • Courts have recognized that many instances of allegedly anticompetitive behavior should be examined under an approach that is neither as harsh as a per se rule analysis nor as in-depth as a rule of reason analysis.

    Is the Quick-Look Antitrust Analysis in PolyGram Holding Inherently Suspect? · 2007

  • 5 To the extent limited to the Ministry of Finance and the financial services industry or even perhaps the Ministry of Agriculture, Forestry, and Fisheries and agricultural interests, including cooperatives, few would argue with their notion of coordinated policymaking.

    Economic Organizations and Corporate Governance in Japan: The Impact of Formal and Informal Rules (review) · 2006 · DOI

  • This begs the question of whether Lopez is limited to the narrow context in which it arose or whether the ruling encompasses additional areas--in particular, certain crimes under the Hobbs Act.

    Affecting Commerce: Post Lopez Review of the Hobbs Act · 2003

  • Instead, the focus has been so singularly on the particularities of each state's own constitutional requirements and the parochial circumstances of each state's funding scheme that larger questions of efficacy have not been well addressed.

    The Impact of School Finance Litigation: A Long View · 2002

  • The modem field of law and economics – that is, the application of economic analysis to legal subjects other than trade and business regulation – is now over thirty years old, but it remains controversial in the legal academy and, to a lesser extent, in the profession at large.

    Positivism and the Separation of Law and Economics · 1996 · DOI

  • The former argues first that the debate over the efficiency of secured debt is inconclusive as a matter of theory; the granting of security sometimes creates net social benefits and sometimes does not.

    Taking the Analysis of Security Seriously · 1994 · DOI

  • From what has been written in this essay, which has been limited to the purely theoretical analysis of the categories of economic law and Natural Law, yet another conclusion may finally be drawn.

    Law in Economics and in Ethics · 1955 · DOI

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29 open questions have been extracted from the limitations and future-work passages of 1,585 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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