IDEAS home Printed from https://ideas.repec.org/a/kap/ejlwec/v57y2024i3d10.1007_s10657-024-09809-9.html
   My bibliography  Save this article

The law and economics of indigenous and ethnic minorities: introduction

Author

Listed:
  • Mikayla Novak

    (Mercatus Center at George Mason University)

Abstract

This paper introduces the European journal of law and economics symposium on the “law and economics of indigenous and ethnic minorities.” Indigenous and ethnic minority groups tend to endure economic, political, and social disadvantages resulting from discrimination, inequality, marginalisation and other pathologies. The disadvantaged status of indigenous and ethnic minorities is often reflected in, if not entrenched as the result of, legal specifications and practices that increase the costs of inclusion and widespread participation in socio-economic and political life. Law and economics literature suggests that the costs of discrimination are significant, but that indigenous and ethnic minorities have the capacity to develop their own economic strategies and institutional practices to help ameliorate some of the consequences of discrimination by majoritarian populations. The papers in this symposium consider the law and economics of indigenous and ethnic minorities in a range of historical and contemporary perspectives, including the cases of immigration restrictions, conflicts over land management and property rights, and resources access. This introductory paper also presents a range of topical domains for potential future research by law and economics scholars.

Suggested Citation

  • Mikayla Novak, 2024. "The law and economics of indigenous and ethnic minorities: introduction," European Journal of Law and Economics, Springer, vol. 57(3), pages 391-401, June.
  • Handle: RePEc:kap:ejlwec:v:57:y:2024:i:3:d:10.1007_s10657-024-09809-9
    DOI: 10.1007/s10657-024-09809-9
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s10657-024-09809-9
    File Function: Abstract
    Download Restriction: Access to the full text of the articles in this series is restricted.

    File URL: https://libkey.io/10.1007/s10657-024-09809-9?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Ciaian, Pavel & Kancs, D’artis, 2018. "Social Mobility Barriers for Roma: Discrimination and Informal Institutions," European Review, Cambridge University Press, vol. 26(4), pages 670-685, October.
    2. Andrei Shleifer & Florencio Lopez-de-Silanes & Rafael La Porta, 2008. "The Economic Consequences of Legal Origins," Journal of Economic Literature, American Economic Association, vol. 46(2), pages 285-332, June.
    3. Nina Banks & Warren C. Whatley, 2022. "A Nation of Laws, and Race Laws," Journal of Economic Literature, American Economic Association, vol. 60(2), pages 427-453, June.
    4. Judith K. Hellerstein & David Neumark & Kenneth R. Troske, 2002. "Market Forces and Sex Discrimination," Journal of Human Resources, University of Wisconsin Press, vol. 37(2), pages 353-380.
    5. Anderson, Terry L & Lueck, Dean, 1992. "Land Tenure and Agricultural Productivity on Indian Reservations," Journal of Law and Economics, University of Chicago Press, vol. 35(2), pages 427-454, October.
    6. François Facchini, 2011. "Economic freedom in Muslim countries : an explanation using the theory of institutional path dependency," Post-Print halshs-00587694, HAL.
    7. Alston, Eric & Crepelle, Adam & Law, Wilson & Murtazashvili, Ilia, 2021. "The chronic uncertainty of American Indian property rights," Journal of Institutional Economics, Cambridge University Press, vol. 17(3), pages 473-488, June.
    8. Naci Mocan & Christian Raschke, 2016. "Economic well-being and anti-Semitic, xenophobic, and racist attitudes in Germany," European Journal of Law and Economics, Springer, vol. 41(1), pages 1-63, February.
    9. Roland G. Fryer Jr. & Glenn C. Loury, 2005. "Affirmative Action and Its Mythology," Journal of Economic Perspectives, American Economic Association, vol. 19(3), pages 147-162, Summer.
    10. Vincent Geloso & Louis Rouanet, 2023. "Ethnogenesis and statelessness," European Journal of Law and Economics, Springer, vol. 55(3), pages 377-407, June.
    11. Petrik Runst, 2018. "The effect of occupational licensing deregulation on migrants in the German skilled crafts sector," European Journal of Law and Economics, Springer, vol. 45(3), pages 555-589, June.
    12. Naci Mocan & Christian Raschke, 2016. "Economic well-being and anti-Semitic, xenophobic, and racist attitudes in Germany," European Journal of Law and Economics, Springer, vol. 41(1), pages 1-63, February.
    13. Trevor Jones & Monder Ram & Paul Edwards, 2006. "Ethnic minority business and the employment of illegal immigrants," Entrepreneurship & Regional Development, Taylor & Francis Journals, vol. 18(2), pages 133-150, March.
    14. Terry L. Anderson & Dominic P. Parker, 2008. "Sovereignty, Credible Commitments, and Economic Prosperity on American Indian Reservations," Journal of Law and Economics, University of Chicago Press, vol. 51(4), pages 641-666, November.
    15. Ault, David E & Rutman, Gilbert L, 1979. "The Development of Individual Rights to Property in Tribal Africa," Journal of Law and Economics, University of Chicago Press, vol. 22(1), pages 163-182, April.
    16. Moamen Gouda & Jerg Gutmann, 2021. "Islamic constitutions and religious minorities," Public Choice, Springer, vol. 186(3), pages 243-265, March.
    17. François Facchini, 2013. "Economic freedom in Muslim countries: an explanation using the theory of institutional path dependency," European Journal of Law and Economics, Springer, vol. 36(1), pages 139-167, August.
    18. Roback, Jennifer, 1986. "The Political Economy of Segregation: The Case of Segregated Streetcars," The Journal of Economic History, Cambridge University Press, vol. 46(4), pages 893-917, December.
    19. Ellickson, Robert C, 1998. "Law and Economics Discovers Social Norms," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 537-552, June.
    20. Gerald Jaynes, 2023. "Perspectives on Race/Ethnicity and Economic Justice," Journal of Economic Literature, American Economic Association, vol. 61(3), pages 839-845, September.
    21. Johan Klaesson & Özge Öner, 2021. "Ethnic enclaves and segregation—self-employment and employment patterns among forced migrants," Small Business Economics, Springer, vol. 56(3), pages 985-1006, February.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Jerg Gutmann & Katarzyna Metelska-Szaniawska & Stefan Voigt, 2024. "The comparative constitutional compliance database," The Review of International Organizations, Springer, vol. 19(1), pages 95-115, January.
    2. Niclas Berggren & Jerg Gutmann, 2020. "Securing personal freedom through institutions: the role of electoral democracy and judicial independence," European Journal of Law and Economics, Springer, vol. 49(2), pages 165-186, April.
    3. Christian Dippel & Dustin Frye & Bryan Leonard, 2020. "Property Rights without Transfer Rights: A Study of Indian Land Allotment," NBER Working Papers 27479, National Bureau of Economic Research, Inc.
    4. François Facchini & Louis Jaeck & Chafik Bouhaddioui, 2021. "Culture and Entrepreneurship in the United Arab Emirates," Journal of the Knowledge Economy, Springer;Portland International Center for Management of Engineering and Technology (PICMET), vol. 12(3), pages 1245-1269, September.
    5. Christian Dippel & Dustin Frye & Bryan Leonard, 2024. "Bureaucratic discretion in policy implementation: evidence from the Allotment Era," Public Choice, Springer, vol. 199(3), pages 193-211, June.
    6. Lattanzio, Gabriele, 2022. "Beyond religion and culture: The economic consequences of the institutionalization of sharia law," Emerging Markets Review, Elsevier, vol. 52(C).
    7. Laurel Wheeler, 2019. "Property Rights, Place-Based Policies, and Economic Development," Working Papers 19-16, Center for Economic Studies, U.S. Census Bureau.
    8. Berggren, Niclas & Nilsson, Therese, 2021. "Economic freedom and antisemitism," Journal of Institutional Economics, Cambridge University Press, vol. 17(2), pages 289-304, April.
    9. Jared L. Peifer & David R. Johnson & Elaine Howard Ecklund, 2019. "The Moral Limits of the Market: Science Commercialization and Religious Traditions," Journal of Business Ethics, Springer, vol. 157(1), pages 183-197, June.
    10. Ennio E. Piano & Louis Rouanet, 2024. "The calculus of american indian consent: the law and economics of tribal constitutions," Public Choice, Springer, vol. 199(3), pages 341-366, June.
    11. Ryan Bubb, 2013. "The Evolution of Property Rights: State Law or Informal Norms?," Journal of Law and Economics, University of Chicago Press, vol. 56(3), pages 555-594.
    12. Juhasz, Peter & Varadi, Kata & Vidovics-Dancs, Agnes & Szaz, Janos, 2017. "Measuring Path Dependency," UTMS Journal of Economics, University of Tourism and Management, Skopje, Macedonia, vol. 8(1), pages 29-37.
    13. Entorf, Horst & Lange, Martin, 2019. "Refugees Welcome? Understanding the Regional Heterogeneity of Anti-Foreigner Hate Crimes in Germany," IZA Discussion Papers 12229, Institute of Labor Economics (IZA).
    14. Moamen Gouda & Jerg Gutmann, 2021. "Islamic constitutions and religious minorities," Public Choice, Springer, vol. 186(3), pages 243-265, March.
    15. Harris,Colin & Cai,Meina & Murtazashvili,Ilia & Murtazashvili,Jennifer Brick, 2020. "The Origins and Consequences of Property Rights," Cambridge Books, Cambridge University Press, number 9781108969055, January.
    16. Ge, Muyang & Edwards, Eric C. & Akhundjanov, Sherzod, B., 2018. "Land Ownership and Irrigation on American Indian Reservations," CEnREP Working Papers 274103, North Carolina State University, Department of Agricultural and Resource Economics.
    17. Akee, Randall & Jorgensen, Miriam, 2014. "Property institutions and business investment on American Indian reservations," Regional Science and Urban Economics, Elsevier, vol. 46(C), pages 116-125.
    18. Claudia Williamson Kramer, 2023. "Individualism and racial tolerance," Public Choice, Springer, vol. 197(3), pages 347-370, December.
    19. Naci H. Mocan & Samantha Bielen & Wim Marneffe, 2018. "Quality of Judicial Institutions, Crimes, Misdemeanors, and Dishonesty," NBER Working Papers 24396, National Bureau of Economic Research, Inc.
    20. Leonard, Bryan & Parker, Dominic P. & Anderson, Terry L., 2020. "Land quality, land rights, and indigenous poverty," Journal of Development Economics, Elsevier, vol. 143(C).

    More about this item

    Keywords

    Discrimination; Ethnic minorities; Indigenous groups; Law and economics;
    All these keywords.

    JEL classification:

    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K37 - Law and Economics - - Other Substantive Areas of Law - - - Immigration Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:ejlwec:v:57:y:2024:i:3:d:10.1007_s10657-024-09809-9. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.