Archive | September, 2013

Ellickson’s “Case for Coase”

One of my favorite articles about the work of Ronald Coase is Robert Ellickson’s “The Case for Coase and Against Coaseanism.”  Here is a portion of the introduction: Poor Ronald Coase. In an introductory essay to a recently published collection of his articles, Coase laments his lack of influence among economists. “My point of view […]

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Coase

I wanted to add a few words on the passing of Ronald Coase.  “The Problem of Social Cost” is the most frequently-cited law review article of all time (another count)–and its not even close.  That pretty much says it all in terms of his well-deserved fame and influence. But the amazing thing to me is […]

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Coase on Externalities

The existence of “externalities” — effects (costs or benefits) of market transactions that are not experienced by those involved in the transaction, but are instead experienced by others, those “external” to the transaction —  is routinely proffered as a justification for governmental regulation of private economic activity.  Ronald Coase had a different view, however. In […]

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The Passing of Ronald Coase

As co-blogger Jonathan Adler notes, Nobel Prize-winning economist and legendary law and economics scholar Ronald Coase passed away today at the age of 102. Coase was the author of such foundational articles as “The Problem of Social Cost,” and “The Nature of the Firm.” His contributions to scholarship are so massive that it is hard […]

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Ronald Coase R.I.P.

I am stunned and saddened to learn that Nobel Laureate economist Ronald Coase has died. As the author of such seminal works as “The Lighthouse in Economics,” “The Nature of the Firm, ” and “The Problem of Social Cost,” Coase was one of the most influential thinkers of his generation. (See also Brian Leiter’s comment […]

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DEA Has Its Own Phone Call Database

The NYT reports on the Drug Enforcement Administration’s “vast phone trove,” “an enormous AT&T database that contains the records of decades of Americans’ phone calls,” and appears more expansive than that maintained by the National Security Agency. The Hemisphere Project, a partnership between federal and local drug officials and AT&T that has not previously been reported, […]

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Proposed Settlement of NFL Concussion Lawsuit

Just before the Labor Day weekend — and just in time for the start of the season — the National Football League announced a settlement agreement with former players who sued the league over concussion injuries sustained while playing professional football.  The plaintiffs alleged the NFL had not adequately addressed concussion risks to players and, […]

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President Obama and Compliance with Domestic Versus International Law

Last week I asked whether Presidents have a stronger obligation to obey domestic law than they do to obey international law, and suggested at least one argument for that view. In a very interesting pair of posts, Marty Lederman provides reason to think that President Obama may have this view as well. Treaties have legal […]

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Texas Ban on Photographing People Without Their Consent “With Intent to Arouse or Gratify the Sexual Desire of Any Person”

As I mentioned last year, a Texas appellate court upheld this statute against a First Amendment challenge. This past Friday, though, a different Texas appellate court struck the statute down (Ex parte Thompson (Tex. Ct. App. Aug. 30, 2013)). The court reasoned: 1. Photographing (at least in public places) is presumptively First-Amendment-protected activity. This includes […]

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Private Schools Increase Political Knowledge and Reduce the Danger of Political Indoctrination

Allison Benedikt’s Slate essay arguing that if you send your kids to private school you are a “bad person” who is undermining the “common good” has drawn many responses. Art Carden, Kevin Grier, Kevin White, and Megan McArdle have pointed out most of the flaws in her logic. But both Benedikt and her critics have […]

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Additional Thoughts on the Draft Authorization for the Use of Military Force in Syria

Here are a few additional thoughts on the Obama administration’s draft authorization for the use of military force in Syria, beyond those I put forward in my last post. First, as Jack Goldsmith and others have pointed out, the constraints on presidential power created by the resolution’s limitations on the range of objectives the president […]

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