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Social Welfare Law Commons

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Full-Text Articles in Social Welfare Law

Regulatory Theory, Matthew D. Adler Dec 2009

Regulatory Theory, Matthew D. Adler

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This chapter reviews a range of topics connected to the justification of government regulation, including: the definition of “regulation”; welfarism, Kaldor-Hicks efficiency, and the Pareto principles; the fundamental theorems of welfare economics and the “market failure” framework for justifying regulation, which identifies different ways in which the conditions for those theorems may fail to hold true (such as externalities, public goods, monopoly power, and imperfect information); the Coase theorem; and the different forms of regulation.


Future Generations: A Prioritarian View, Matthew D. Adler Sep 2009

Future Generations: A Prioritarian View, Matthew D. Adler

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Should we remain neutral between our interests and those of future generations? Or are we ethically permitted or even required to depart from neutrality and engage in some measure of intergenerational discounting? This Article addresses the problem of intergenerational discounting by drawing on two different intellectual traditions: the social welfare function (“SWF”) tradition in welfare economics, and scholarship on “prioritarianism” in moral philosophy. Unlike utilitarians, prioritarians are sensitive to the distribution of well-being. They give greater weight to well-being changes affecting worse-off individuals. Prioritarianism can be captured, formally, through an SWF which sums a concave transformation of individual utility, rather …


Norm Change Or Judicial Decree? The Courts, The Public, And Welfare Reform, Amy L. Wax Jan 2009

Norm Change Or Judicial Decree? The Courts, The Public, And Welfare Reform, Amy L. Wax

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No abstract provided.