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Articles 1 - 6 of 6
Full-Text Articles in Law and Economics
Rethinking Broadband Internet Access, Daniel F. Spulber, Christopher S. Yoo
Rethinking Broadband Internet Access, Daniel F. Spulber, Christopher S. Yoo
All Faculty Scholarship
The emergence of broadband Internet technologies, such as cable modem and digital subscriber line (DSL) systems, has reopened debates over how the Internet should be regulated. Advocates of network neutrality and open access to cable modem systems have proposed extending the regulatory regime developed to govern conventional telephone and narrowband Internet service to broadband. A critical analysis of the rationales traditionally invoked to justify the regulation of telecommunications networks--such as natural monopoly, network economic effects, vertical exclusion, and the dangers of ruinous competition--reveals that those rationales depend on empirical and theoretical preconditions that do not apply to broadband. In addition, …
The Antitrust Standard For Unlawful Exclusionary Conduct, Herbert J. Hovenkamp
The Antitrust Standard For Unlawful Exclusionary Conduct, Herbert J. Hovenkamp
All Faculty Scholarship
This essay considers the general definition of unlawful exclusionary practices under Section 2 of the Sherman Act as acts that: (1) are reasonably capable of creating, enlarging or prolonging monopoly power by impairing the opportunities of rivals; and (2) that either (2a) do not benefit consumers at all, or (2b) are unnecessary for the particular consumer benefits claimed for them, or (2c) produce harms disproportionate to any resulting benefits. An important purpose of this progression of queries is to permit the court to avoid balancing, although balancing certainly cannot be avoided in some close cases. The given definition is very …
Happiness Research And Cost-Benefit Analysis, Matthew D. Adler, Eric Posner
Happiness Research And Cost-Benefit Analysis, Matthew D. Adler, Eric Posner
All Faculty Scholarship
A growing body of research on happiness or subjective well-being shows, among other things, that people adapt to many injuries more rapidly than is commonly thought, fail to predict the degree of adaptation and hence overestimate the impact of those injuries on their well-being, and, similarly, enjoy small or moderate rather than significant changes in well-being in response to significant changes in income. Some researchers believe that these findings pose a challenge to cost-benefit analysis, and argue that project evaluation decision-procedures based on economic premises should be replaced with procedures that directly maximize subjective well-being. This view turns out to …
Risk Equity: A New Proposal, Matthew D. Adler
Risk Equity: A New Proposal, Matthew D. Adler
All Faculty Scholarship
What does distributive justice require of risk regulators? Various executive orders enjoin health and safety regulators to take account of “distributive impacts,” “equity,” or “environmental justice,” and many scholars endorse these requirements. But concrete methodologies for evaluating the equity effects of risk regulation policies remain undeveloped. The contrast with cost-benefit analysis--now a very well developed set of techniques --is stark. Equity analysis by governmental agencies that regulate health and safety risks, at least in the United States, lacks rigor and structure. This Article proposes a rigorous framework for risk-equity analysis, which I term “probabilistic population profile analysis” (PPPA). PPPA is …
Exclusionary Bundled Discounts And The Antitrust Modernization Commission, Erik Hovenkamp, Herbert J. Hovenkamp
Exclusionary Bundled Discounts And The Antitrust Modernization Commission, Erik Hovenkamp, Herbert J. Hovenkamp
All Faculty Scholarship
A bundled discount occurs when a seller charges less for a bundle of goods than for its components when sold separately. A characteristic of such discounting is that a rival who makes only one of the products in the bundle may have to give a larger per item discount in order to compensate the buyer for the foregone discount on goods that the rival does not sell. For example, if I sell A and B and offer a 20% discount only to customers who purchase one A and one B together, a rival in the B market might be able …
The Developer’S Decision Calculus: An Agent-Based Model Of Commercial Development, Mirya R. Holman, Travis Coan
The Developer’S Decision Calculus: An Agent-Based Model Of Commercial Development, Mirya R. Holman, Travis Coan
Mirya R Holman
While considerable research has been devoted to understanding the impact local regulatory environments on housing development, few studies have examined the implications of land-use regulations for commercial development. The paucity of studies is unfortunate given that commercial development often provides municipalities with considerable economic benefits (e.g., employment) and a crucial source of tax revenue. This study presents a formal model of the commercial development process that explicitly incorporates the dynamic interaction of commercial developers and local cities. Specifically, we construct an agent-based model (ABM) of the commercial development process that represents some key features of the development process. We form …