The Emergence of Evidence-based Judicial Reflex: A Response to Bar-Siman-Tov's Semiprocedural Review


The Theory and Practice of Legislation

November 2013, vol. 1, n°2, pp.327-340

Departments: Tax & Law, GREGHEC (CNRS)

Keywords: Behavioural Regulation, Evidence-Based Judicial Review, Judicial Humility, Judicial Review, Legitimacy, Legitimate Expectations, Proof and Evidence, Proportionality, Regulatory Reform, Semiprocedural Review

There is an incipient debate as to whether courts across jurisdictions are embracing new forms of judicial review characterized by greater scrutiny of the political process that accompanies the adoption of the contested act. This article responds to Ittai Bar-Siman-Tov’s theorization of semiprocedural review as a ‘new, distinct model of review’ that, by merging procedural and substantive review, could do justice to this mounting trend. While this article recognizes the emergence of a global ‘procedural trend’ towards greater rationality review in the case law of several national and international courts, it contends that this phenomenon cannot be straightforwardly captured under an autonomous model of judicial review. Rather, after contextualizing this ‘judicial trend’ within a broader process of ‘rationalization of law-making’ that has gradually been occurring, this article demotes this phenomenon as an inevitable and not intrinsically controversial development. In particular, by connecting it to the rapid expansion of regulatory reform programs and the progressive emancipation of the social sciences within the legal system, this article suggests to apprehend the ever-increasing judicial attention towards the rationality of the policy process within a less ambitious and more nuanced categorization: the ‘evidence-based judicial reflex’. As soon as this new judicial trend is understood and downgraded from a ‘distinct form of judicial review’ to a mere (evidence-based) judicial reflex, the idea that courts may examine the legislature’s decision-making process as part of their determination of the substantive constitutionality of legislation appears less problematic and may entail positive implications for the judiciary and the entire legal system

A Configural Approach to Coordinating Expertise in Software Development Teams


MIS Quarterly


Departments: Informations Systems and Operations Management, GREGHEC (CNRS)

Keywords: Software development, software teams, expertise coordination, configuration, centralization, knowledge tacitness, team conflict, coordination success

Despite the recognition of how important expertise coordination is to the performance of software development teams, understanding of how expertise is coordinated in practice is limited. We adopt a configural approach to develop a theoretical model of expertise coordination that differentiates between design collaboration and technical collaboration. We propose that neither a strictly centralized, top-down model nor a largely decentralized approach is superior. Our model is tested in a field study of 71 software development teams. We conclude that because design work addresses ill-structured problems with diverse potential solutions, decentralization of design collaboration can lead to greater coordination success and reduced team conflict. Conversely, technical work benefits from centralized collaboration. We find that task knowledge tacitness strengthens these relationships between collaboration configuration and coordination outcomes and that team conflict mediates the relationships. Our findings underline the need to differentiate between technical and design collaboration and point to the importance of certain configurations in reducing team conflict and increasing coordination success in software development teams. This paper opens up new research avenues to explore the collaborative mechanisms underlying knowledge team performance.

A Legal Analysis of Packaging Standardisation Requirements Under EU Law - The Case of ‘Plain Packaging’ in the United Kingdom


Journal of Business Law


Departments: Tax & Law, GREGHEC (CNRS)

A Mathematical Turn in Business Regulation: The Rise of Legal Indicators


International Journal of Law in Context


Departments: Tax & Law

A Model of Mental Accounting and Reference Price Adaptation


Management Science


Departments: Informations Systems and Operations Management

Keywords: Mental accounting, reference price, loss aversion, sunk-cost fallacy, payment depreciation, reluctance to trade, flat-rate bias.

Achieving High Growth in Policy-Dependent Industries: Differences between Startups and Corporate-Backed Ventures


Long Range Planning


Departments: Strategy & Business Policy, GREGHEC (CNRS)

This research examines which firms achieve high growth in policy-dependent industries. Using the European solar photovoltaic industry as our empirical setting, we investigate the impact of policy support on the growth of independent startups and corporate-backed ventures operating across countries with diverse policy conditions. We find that producers' growth is positively linked to policy generosity, and negatively linked to policy discontinuity. Moreover, corporate-backed ventures are less affected by policy generosity compared to entrepreneurial startups, and less impacted by policy discontinuity as well. Our results underline the importance of country- and firm-level differences in analyzing firms' response to regulatory policies, and point to the need for a better understanding of the unintended consequences of policies designed to support new industries.