Law Commons^™

Economic Efficiency Versus Public Choice: The Case Of Property Rights In Road Traffic Management, Jonathan R. Nash

Faculty Articles

This Article argues, using the case of responses to traffic con­gestion, that public choice theory provides a greater explanation for the emergence of property rights than does economic efficiency. The tradi­tional solution to traffic congestion is to provide new roadway capacity, but that is not an efficient response in that it does not lead to internaliza­tion of costs and may actually exacerbate congestion problems by induc­ing travel that would not have taken place but for the new construction. By contrast, congestion charges, which impose tolls designed to internal­ize the costs of driving, offer an efficient way to address the problem …

The Limits Of Health Care Reform, Ani B. Satz

Faculty Articles

Part I of this Article provides a context for understanding health law in 2008. It discusses the complex relationships between the various actors, at both the federal and state levels, which affect the distribution, provision, and regulation of health care, as well as the role of technological devel­opments in these relationships. Individuals familiar with health law may choose to skip this Part.

Parts II and III address the theoretical underpinnings of basic mini­mum and rationing approaches, respectively. Part II discusses the contractarian foundations of basic minimum schemes. It focuses on the distribu­tion of health care goods as primary goods (goods …