Courts and Firm Investments in Real Property

• Published in: Journal of economic issues Vol. 51; no. 3; pp. 698 - 720
• Main Authors: Troilo, Michael, Collins, J. Markham
• Format: Journal Article
• Language: English
• Published: Abingdon Routledge 01.09.2017; Taylor & Francis, Ltd; Taylor & Francis Ltd
• Subjects: Arbitration; Backlog; Bribery; Companies; Court decisions; Courts; Decision making; Economic theory; Enforcement; Europe; Impartiality; Investment; Investments; Machinery; Offenses; perception vs. reality; Perceptions; policy; Policy making; Property; Property law; Real estate; resource-based view; Rule of law; Staffing; State court decisions
• ISSN: 0021-3624; 1946-326X
• DOI: 10.1080/00213624.2017.1359041

The legal environment and rule of law are important for business, but existing studies often treat rule of law holistically. This article examines the role of courts, specifically the speed of court decisions, the enforcement of edicts, and the impartiality of decision-making as perceived by firms of various sizes, and the impact this has on firm investments in real property. The article analyzes a panel of 6,300 firms from 27 countries in the period from 2002 to 2009 to find that (i) firm size affects perceptions positively, while (ii) paying bribes affects perceptions negatively. At the same time, (iii) a firm's connections to the government have no apparent impact. More importantly, while all three components have a positive correlation with the amount firms invest in land and machinery, the speed of courts has the greatest significance and the highest marginal effect. Firms perceiving courts to be quick invest nearly four times as much as the average real property investment. This finding suggests that policymakers should focus on reducing backlogs in the court system, perhaps by encouraging more arbitration or staffing more clerks.