RILE-BACT Working Paper Series

The RILE-BACT Working Paper Series collects all research carried out in the Rotterdam Institute of Law and Economics since 2008. Since 2015 this working paper series also includes research conducted within Behavioural Approaches to Contract and Tort (BACT). It hosts the research papers by the RILE staff, BACT staff and the work-in-progress by the PhD candidates of the European Doctorate of Law and Economics (EDLE). External participants to the EDLE seminars are also encouraged to submit the background papers of their presentations.

The purpose of this collection is stimulating international discussion on the broad range of subjects in which RILE and BACT are engaged. To this purpose, research papers are only collected in English and the authors are encouraged to post them also on SSRN. Authors of papers in Law and Economics are welcome to submit a proposal for the EDLE seminars, whose acceptance will make the background paper eligible for inclusion in the RILE Working Paper Series.

Papers submitted for the RILE-BACT Working Paper Series will have to include an abstract of max 300 words, a list of keywords, and the JEL classification. We kindly request the authors to ask permission to keep the working paper accessible on the Internet after publication.

For submitting a paper, please send an e-mail.


Working Papers 2017


Working Papers 2016

Resolving Mass Claims in France: Toolbox & Experience
Alexandre Biard en Rafael Amaro
RILE Working Paper 2016/5 

The Law and Economics of Shadow Banking
Alessio M. Pacces and Hossein Nabilou
RILE Working Paper 2016/04 

Ride your luck! A field experiment on Lottery-based Incentives for Compliance Authors
Marco Fabbri, Paolo Nicola Barbieri and Maria Bigoni
RILE Working Paper 2016/03

Perceptual Deterrence: The Effects of Unarmed Private Patrols on Crime
Marco Fabbri and Paul Liu
RILE Working Paper 2016/02

Tax Lotteries: the Crowding-out of Tax Morale and Long-run Welfare Effects
Marco Fabbri and Daniela C. Wilks
RILE Working Paper 2016/01


Working Papers 2015

Supplementing Forest Sustainability Certificates with Fiscal Instruments
Dirk Heine, Michael Faure and Chih-Ching Lan
RILE Working Paper 2015/07

Merger Control in Times of Financial Crisis: An Expedient Instrument to Heal the Fledgling Economy or an Object of Abuse?
Kalpana Tyagi
RILE Working Paper 2015/06

The Favouring Plaintiff Fee-Shifting Rule in Europe: An alternative to Legal Aid in Financing Civil Litigation
Filippo Roda 
RILE Working Paper 2015/05

Judicial Turnover and the Duration of Trials  
Alice Guerra and Claudio Tagliapietra
RILE Working Paper 2015/04

Normative Law and Economics: Asking the Right Questions
Alessio M. Pacces 
RILE Working Paper 2015/03

Fixing Popular Participation in Constitution-Making
Stephan Michel and Ignacio N. Cofone
RILE Working Paper 2015/02

The Secret of a Cheaper Sentencing System: Lessons
from Europe

Elena Kantorowicz
RILE Working Paper 2015/01


Working Papers 2014

The Value of Privacy: Keep the Money Where the Mouth is
Ignacio N. Cofone
RILE Working Paper 2014/15

The Way The Cookie Crumbles:
Online Tracking Meets Behavioural Economics

Ignacio N. Cofone
RILE Working Paper 2014/14

Towards a harmonization of insider trading criminal law
at EU level?

Michael G. Faure and Claire Leger
RILE Working Paper 2014/13

Day Fines: Should the Rich Pay More?
Elena Reznichenko-Kantorowicz  
RILE Working Paper 2014/12 

Any-Where Any-Time: Ambiguity and the Perceived Probability of Apprehension
Elena Reznichenko-Kantorowicz  
RILE Working Paper 2014/11

Cognitive Biases and Procedural Rules: Enhancing the Use of Alternative Sanctions
Elena Reznichenko-Kantorowicz  
RILE Working Paper 2014/10

Can Imprisonment Be Cheaper? The Law and Economics of Private Prisons
Elena Reznichenko-Kantorowicz  
RILE Working Paper 2014/09  

An Empirical Analysis of Constitutional Review Voting in the Polish Constitutional Tribunal, 2003-2014
Jaroslaw Kantorowicz and Nuno Garoupa 
RILE Working Paper 2014/08  

Iudex non calculat? - Judges & the Magnitude of Mass Litigation from a Behavioural Perspective 
Alexandre Biard
RILE Working Paper 2014/07

Unilaterally Removing Indirect Subsidies for Maritime Fuel
Dirk Heine, Susanne Gäde and Goran Dominioni
RILE Working Paper 2014/06

Social Influence on Third-Party Punishment- An Experiment
Emanuela Carbonara and Marco Fabbri
RILE Working Paper 2014/05

Labour Regulation, Enforcement and The Incidence of Contract Workers:Empirical Evidence from the Organised Indian Manufacturing Sector
Rahul Sapkal
RILE Working Paper 2014/04

The Duty of Lawyers to Serve Their Clients' Interest - an Economic and Psychological Account 
Louis Visscher
RILE Working Paper 2014/03

Dutch Mass Litigation from a Legal and Economic Perspective and its Relevance for France
Louis Visscher and Alexandre Biard
RILE Working Paper 2014/02

Judges and Mass Litigation: Revisiting the Judicial Cathedral Through Rational Choice Theory and Behavioural Economics
Alexandre Biard and Louis Visscher
RILE Working Paper 2014/01

Working Papers 2013

The Regulator’s Dilemma: Caught between the Need for Flexibility and the Demands of Foreseeability. Reassessing the Lex Certa Principle
Michael Faure, Morag Goodwin and Franziska Weber
RILE Working Paper 2013/03
To be published in the Albany Law Journal of Science & Technology

Transboundary Pollution
Michael Faure
RILE Working Paper 2013/02

When Choosing the Social Welfare Function Really Matters: A Quantitative Analysis
Marco Fabbri and Diogo Gerhard Castro de Britto
RILE Working Paper 2013/01


Working Papers 2012

Law and Economics of the SPS Agreement: A critical perspective
Alessandra Arcuri
RILE Working Paper 2012/03 

Shaping Tax Norms Through Lotteries
Marco Fabbri
RILE Working Paper 2012/02

Time is Money? A Law and Economics Approach to ‘Loss of Time’ as Non-Pecuniary Loss
Louis Visscher
RILE Working Paper 2012/01


Working Papers 2011

The Role of Experts in Assessing Damages - A Law and Economics Account
Michael Faure and Louis Visscher
RILE Working Paper 2011/9
Published in The European Journal of Risk Regulation, 376-396

Liquidity, Uncertainty, and Financial Crisis
Alessio Pacces
RILE Working Paper 2011/8

Assessing existing enforcement mechanisms in consumer law - the unavailability of an allrounder
Franziska Weber
RILE Working Paper 2011/7
Published in Swedish Journal of European Law (ERT, Europarättslig tidskrift), No. 3/2011, 536-554

Wrongfulness as a Necessary Cause of the Losses - Removing an Alleged Difference between Strict Liability and Negligence
Louis Visscher
RILE Working Paper 2011/6
Published in Economic Analysis of Law Review, Vol. 2, No. 2, p. 188-203, 2011

Risk Regulation
Alessandra Arcuri
RILE Working Paper 2011/5

Regulation of Banking and Financial Markets
Dirk Heremans and Alessio M. Pacces
RILE Working Paper 2011/4

An Introduction to the Law and Economics of Regulation
Alessio M. Pacces and Roger J. Van den Bergh
RILE Working Paper 2011/3

Social Stigma, Heuristics, and Criminal Law
Laarni Escresa Guillermo and Arsen Palestini
RILE Working Paper 2011/2

Pain and suffering damages based on QALYs: Combining insights from health economics and cognitive psychology
Vaia Karapanou
RILE Working Paper 2011/1


Working Papers 2010

European integration assessed in the light of the 'rules vs. standards debate'
Franziska Weber
RILE Working Paper 2010/11
Published in: European Journal of Law and Economics, 2011

Bucking the Kuznets Curve: Designing effective environmental regulation in developing countries
Michael Faure, Morag Goodwin and Franziska Weber
RILE Working Paper 2010/10

A Law and Economics View on Harmonization of Procedural Law
Louis Visscher
RILE Working Paper 2010/09

Implementing CDM Limits in the EU ETS: A Law and Economics Approach
Alex Vasa
RILE Working Paper 2010/08

Governing a Global Food Supply: How new legislation promises to strengthen import safety in the US
Elena Fagotto
RILE Working Paper 2010/07
Published in Erasmus Law Review, vol 3, no. 4, p. 257 (2010) 

Quality Adjusted Life Years as a Way Out of the Impasse between Prevention Theory and Insurance Theory
Vaia Karapanou and Louis Visscher
RILE Working Paper 2010/06

Causal Connection between Tort and Loss: The Doctrine of the ‘Lawful Alternative’
Louis Visscher and Heico Kerkmeester
RILE Working Paper 2010/05

Food Safety at the WTO after 'Continued Suspension': A Paradigm Shift?
Alessandra Arcuri
RILE Working Paper 2010/04

Corporate Governance and the Coase's Legacy: A Reply to Henry Manne
Alessio Pacces
RILE Working Paper 2010/03
Forthcoming in Pacces, A.M. (ed.), The Law and Economics of Corporate Governance: Changing Perspectives, Cheltenham: Edward Elgar

Uncertainty and the Financial Crisis
Alessio Pacces
RILE Working Paper 2010/02

The Role and the Future of Regulation in the Financial Crisis: The Uncertainty Perspective
Alessio Pacces
RILE Working Paper 2010/01

 

Working Papers 2009

Inducing Corporate Compliance: A Compound Corporate Liability Regime
Sharon Oded
RILE Working Paper 2009/05a (updated October 2010)

Centralization versus Decentralization as a Risk-Return Trade-Off
Alessandra Arcuri
RILE Working Paper 2009/05b
Published in 53 Journal of Law and Economics

Control Matters: Law and Economics of Private Benefits of Control
Alessio M. Pacces
RILE Working Paper 2009/04

Why Investor Protection is not all that Matters in Corporate Law and Economics
Alessio M. Pacces
RILE Working Paper 2009/03
Published in The Icfai University Journal of Corporate and Securities Law, vol. VI, no. 2, May 2009, pp. 8-28.

Controlling the Corporate Controller’s Misbehaviour
Alessio M. Pacces
RILE Working Paper 2009/01

Working Papers 2008

 

Designing Incentives Regulation for the Environment
Michael Faure
RILE Working Paper 2008/16

Emissions Trading and the Polluter-Pays Principle: Do Polluters Pay Under Grandfathering?
Edwin Woerdman, Alessandra Arcuri and Stefano Clò
RILE Working Paper 2008/15

Economic Criteria for Criminalization - Why Do We Need the Criminal Law?
Katarina Svatikova
RILE Working Paper 2008/12

The Legal Duty to Incorporate Mistakes of the Victim
Louis Visscher
RILE Working Paper 2008/11

The Coverage of the Nuclear Risk in Europe: Which Alternative?
Michael Faure and Karine Fiore
RILE Working Paper 2008/10
Published in (33) The Geneva Papers on Risk and Insurance 2008, p. 288-322.

Liability in Cases of Damage Resulting from GMO’s: An Economic Perspective
Michael Faure and Andri Wibisana
RILE Working Paper 2008/09

The Scope of Criminal Law and Criminal Sanctions: An Economic View and Policy Implications
Roger Bowles, Michael Faure and Nuno Garoupa
RILE Working Paper 2008/08

Mutual Recognition Revisited: Misunderstandings, Inconsistencies, and a Suggested Reinterpretation
Wolfgang Kerber and Roger Van den Bergh
RILE Working Paper 2008/06
Published in Kyklos 2008, Issue 3

Optimal Enforcement of Safety Law
Roger Van den Bergh and Louis Visscher
RILE Working Paper 2008/04

Justifications and Excuses in the Economic Analysis of Tort Law
Louis Visscher
RILE Working Paper 2008/03

Tort Damages
Louis Visscher
RILE Working Paper 2008/02