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Full-Text Articles in Law
Articulating Trade Offs: The Political Economy Of State Action Immunity, Hillary Greene
Articulating Trade Offs: The Political Economy Of State Action Immunity, Hillary Greene
Faculty Articles and Papers
Antitrust uses economic analysis to assess various trade-offs involving efficiency. Even assuming that a competition matter implicates purely economic matters it can be exceedingly difficult to determine and measure all the relevant factors, assign them proper weights, decide on the appropriate time frames, assess the pertinent interactions, and conduct the trade-off calculations. Not surprisingly, different members of the antitrust community often take vastly differing positions regarding the economic consequences of a particular antitrust doctrine as well as the significance of those consequences. When potentially anti-competitive conduct occurs in the context of state regulation, the challenge to achieving a sensible accommodation …
The Empirical Roots Of The 'Regulatory Reform' Movement: A Critical Appraisal, Richard Parker
The Empirical Roots Of The 'Regulatory Reform' Movement: A Critical Appraisal, Richard Parker
Faculty Articles and Papers
Over the past few years the debate over the economic rationality of health, safety and environmental regulation has morphed into a sustained controversy over the tests and methods by which that rationality is judged. Critics have argued that the main regulatory scorecards which comprise much of the empirical foundation for the regulatory reform movement are fundamentally flawed because they: alter agency estimates of future costs and benefits; disregard most uncertainties; and misrepresent ex ante guesses as the costs and benefits of regulation. They also zero out whole categories of benefits that cannot be quantified and/or monetized even when the benefits …