Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

The University of Akron

Akron Law Review

2016

Second best

Articles 1 - 2 of 2

Full-Text Articles in Law

The General Theory Of Second Best And Economic-Efficiency Analysis: The Theory, Its Negative Corollaries, The Appropriate Response To It, And A Coda On The Economic Efficiency Of Reducing Poverty And Income/Wealth Inequality, Richard S. Markovits Jun 2016

The General Theory Of Second Best And Economic-Efficiency Analysis: The Theory, Its Negative Corollaries, The Appropriate Response To It, And A Coda On The Economic Efficiency Of Reducing Poverty And Income/Wealth Inequality, Richard S. Markovits

Akron Law Review

A great deal of Law & Economics scholarship focuses on the economic efficiency of a legal doctrine, judicial decision, statute, regulation, or proposed change in the law. This Article argues that virtually all such research is flawed (1) by its failure to consider the impact of the “law” it is analyzing on many of the categories of economic inefficiency whose magnitudes the “law” affects and (2) by its assumption that any “law” that reduces the number or magnitude of the (Pareto) imperfections in the economy (types of imperfections one of whose exemplars would cause economic inefficiency if it were the …


"The General Theory Of Second Best" - An Overview, Robert Ashford Jun 2016

"The General Theory Of Second Best" - An Overview, Robert Ashford

Akron Law Review

The following introductory note provides a brief overview of the General Theory of Second Best. This theory is discussed in much greater detail in the essay that follows entitled, The General Theory of Second Best and Economic-Efficiency Analysis: The Theory, its Negative Corollaries, the Appropriate Response to It, and a Coda on the Economic Efficiency of Reducing Poverty and Income/Wealth Inequality written by Professor of law and economics Richard Markovits. This theory, which regrettably is generally ignored in law and economics literature, explains how there is no reason to believe that policy decisions considered in isolation that move a particular …