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Full-Text Articles in Law

Public Choice Revisited, Daniel A. Farber, Philip P. Frickey May 1998

Public Choice Revisited, Daniel A. Farber, Philip P. Frickey

Michigan Law Review

Although not the first book on public choice_ for a legal audience, Max Stearns's Public Choice and Public Law is the first full-scale textbook for law school use. An ambitious undertaking by a rising young scholar, the book provides law students with a comprehensive introduction to public choice. Public choice - essentially, the application of economic reasoning to political institutions - has become a significant aspect of public law scholarship. Indeed, in his Foreword, Saul Levmore hails public choice as "[t]he most exciting intellectual development in law schools in the last decade" (p. xi). Be that as it may, the …


Public Choice Theory And The Fragmented Web Of The Contemporary Administrative State, Jim Rossi May 1998

Public Choice Theory And The Fragmented Web Of The Contemporary Administrative State, Jim Rossi

Michigan Law Review

Since World War II, public choice theory - defined broadly as the application of the assumptions and methodology of microeconomics to describe or predict the way public officials exercise power - has grown from a fledgling movement, gaining mainstream acceptance and respect for its insights into voting behavior, judicial decisionmaking, and other public actions. Although a theory first explored by economists and political scientists, public choice's normative insights have earned credibility in recent years in academic legal literature. Public choice's acceptance in the law school curriculum is demonstrated by the recent publication of course material on the topic. However, despite …


Restoring Positive Law And Economics: Introduction To Public Choice Theme Issue, Maxwell L. Stearns Jan 1998

Restoring Positive Law And Economics: Introduction To Public Choice Theme Issue, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.


Public Choice Theory And The Fragmented Web Of The Contemporary Administrative State, Jim Rossi Jan 1998

Public Choice Theory And The Fragmented Web Of The Contemporary Administrative State, Jim Rossi

Vanderbilt Law School Faculty Publications

In the recent book, Greed, Chaos and Governance: Using Public Choice to Improve Public Law (Yale U. Press 1997), Jerry Mashaw addresses the convergence between public choice and administrative law. This review essay summarizes Mashaw's arguments and explores his use of public choice tools. The review suggests that, absent some unifying theoretical perspective for understanding administrative governance outside of public choice method, little more than rampant pessimism or fragmented lessons about the administrative state can be taken.