Our panel presents three empirical studies on adjudication in the areas of property law, family law and competition law, and in different jurisdictions including China and the EU.
Challenging Eminent Domain in the High People‘s Courts: Procedure is the Key!
This paper investigates empirically how Chinese courts adjudicate eminent domain decisions for the first time and proves that even the non-independent Chinese courts can curb local governments‘ eminent domain power to some extent. We hand-coded 586 eminent domain judgements awarded by the High People‘s Courts of China from 2014-2015, which were made available by the...
Gender Inequality in Chinese Divorce Cases
Gender Equality is a principle enshrined in China‘s constitution, but to what extent is it implemented in divorce cases? This paper explores this question from three aspects of divorce law practice in Chinese courts: whether a divorce is granted, who gets the custody, and how the matrimonial property is divided. It argues in many ways...
Judging in Europe: Do Legal Traditions Matter
EU competition appeals typically involve applications by private businesses to annul decisions made by the European Commission. Moreover, these appeals are first assigned at random to a chamber, with a judge then designated as the rapporteur who will be most closely involved with the case. Using hand-collected original data on the background characteristics of EU...