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Law and Psychology

Behavioral economics

Missouri Law Review

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Full-Text Articles in Law

Nudges For Health Policy: Effectiveness And Limitations, Victoria A. Shaffer Jun 2017

Nudges For Health Policy: Effectiveness And Limitations, Victoria A. Shaffer

Missouri Law Review

One tool that our government can use to combat our healthcare challenges is the use of health policy in the form of programs, regulations, and agencies that are aimed at improving the overall health and welfare of Americans. Of the various approaches to shaping health policy, this paper will focus on the use of “nudges,” a behavioral strategy for shaping human behavior from the framework, Libertarian Paternalism. In this Article, a nudge is defined as any aspect of choice architecture or any method of structuring the choice environment that influences behavior in a predictable way, with the restriction that this …


Behavioral Economics Goes To Court: The Fundamental Flaws In The Behavioral Law & Economics Arguments Against No-Surcharge Laws, Todd J. Zywicki, Geoffrey A. Manne, Kristian Stout Jun 2017

Behavioral Economics Goes To Court: The Fundamental Flaws In The Behavioral Law & Economics Arguments Against No-Surcharge Laws, Todd J. Zywicki, Geoffrey A. Manne, Kristian Stout

Missouri Law Review

During the past decade, academics – predominantly scholars of behavioral law and economics – have increasingly turned to the claimed insights of behavioral economics in order to craft novel policy proposals in many fields, most significantly consumer credit regulation. Over the same period, these ideas have also gained traction with policymakers, resulting in a variety of legislative efforts, such as the creation of the Consumer Financial Protection Bureau. Most recently, the efforts of behavioral law and economics scholars have been directed toward challenging a number of state laws that regulate retailers’ use of surcharge fees for consumer credit card payments. …