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Full-Text Articles in Behavioral Economics

I Share, Therefore It's Mine, Donald J. Kochan Apr 2017

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights …


Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton Jun 2015

Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton

Timothy D. Lytton

This essay critically evaluates Richard Thaler and Cass Sunstein’s proposal to allow patients to prospectively waive their rights to bring a malpractice claim, presented in their recent, much acclaimed book, Nudge: Improving Decisions about Health, Wealth and Happiness. We show that the behavioral insights that undergird Nudge do not support the waiver proposal. In addition, we demonstrate that Thaler and Sunstein have not provided a persuasive cost-benefit justification for the proposal. Finally, we argue that their liberty-based defense of waivers rests on misleading analogies and polemical rhetoric that ignore the liberty and other interests served by patients’ tort law rights. …


Behavioral Economics Y Políticas Públicas: Algunos Problemas Y Sus Soluciones / Behavioral Economics And Public Policies: Some Problems And Their Solutions [En Español], Daniel A. Monroy Apr 2015

Behavioral Economics Y Políticas Públicas: Algunos Problemas Y Sus Soluciones / Behavioral Economics And Public Policies: Some Problems And Their Solutions [En Español], Daniel A. Monroy

Daniel A Monroy C

Abstract

The main target of this paper is to show a behavioral economics approach to –some– public policies from a descriptive and a normative point of view. To meet the target, (i) the paper summarizes two cognitive biases: the status quo bias and the endowment effect, and then shows how these biases could affect the effectiveness of public policies in some relevant contexts: the availability of human organs for transplantation; people's bad eating habits; and environmental resources management. In addition, (ii) the paper suggests some strategies (nudges) about how behavioral economics could inform policy maker to design or to improve …


How Smart Are Electricity Users With ‘Smart Metering’? A Behavioural Economics Experiment, S. Bager, L. Mundaca T. Dec 2014

How Smart Are Electricity Users With ‘Smart Metering’? A Behavioural Economics Experiment, S. Bager, L. Mundaca T.

Luis Mundaca

The purpose of this paper is to examine how behavioural biases affect consumers’ response to energy-use information provided through smart meters (SM). We take insights from behavioural economics and carry out two real-life experiments with SMs and electricity users. The experiments were conducted in Copenhagen (Denmark) to identify and assess the potential of two economic behavioural biases, salience and loss aversion. The results of the first experiment (i.e. installation of SM without further intervention) generally aligned with electricity use reductions found in previous research, and indicate that it may be reasonable to expect a reduction in electricity use in the …


A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan Dec 2014

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …


A Critical Examination Of The Climate Engineering Moral Hazard And Risk Compensation Concern, Jesse Reynolds Oct 2014

A Critical Examination Of The Climate Engineering Moral Hazard And Risk Compensation Concern, Jesse Reynolds

Jesse Reynolds

The widespread concern that research into and potential implementation of climate engineering would reduce mitigation and adaptation is critically examined. First, empirical evidence of such moral hazard or risk compensation in general is inconclusive, and the empirical evidence to date in the case of climate engineering indicates that the reverse may occur. Second, basic economics of substitutes shows that reducing mitigation in response to climate engineering implementation could provide net benefits to humans and the environment, and that climate engineering might theoretically increase mitigation through strong income effects. Third, existing policies strive to promote other technologies and measures, including climate …


The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan Dec 2013

The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan

This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such theories might be and analyzes the production of such legislation through a public choice lens. Any virtue jurisprudence theory as applied to legislation would likely demand that the proper ends of legislation be deemed as “the promotion of human flourishing” and the same would constitute the test by which we would determine the legitimacy of any legislation. As noble as virtuous behavior, virtuous …


Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz Aug 2013

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz

Justin Schwartz

Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …


Finger Lickin’ Good: An Analytical Investigation Into The Urban Diet, Jennifer T.R. Tomlinson Mar 2012

Finger Lickin’ Good: An Analytical Investigation Into The Urban Diet, Jennifer T.R. Tomlinson

Jennifer T.R. Tomlinson

In this analysis, the origins, customs and implications of fast-food culture will be explored with important focus on the customs of fast-food urban eating. Research indicates that lower-income urban areas are more likely to consume fast-food. The high consumption of fast-food subsequently results in the development of social and economical implications, which include health implications, economic dilemmas, a disconnection between consumers and their consumption and issues of social classification. This analysis also explores the customs of fast-food culture of Pine Hills, Florida with added emphasis on Pine Hills’ cultural uniqueness.


A Closer Look At The Relationship Between Superstitious Behaviors And Trait Anxiety, Brandy Futrell Mar 2012

A Closer Look At The Relationship Between Superstitious Behaviors And Trait Anxiety, Brandy Futrell

Brandy Futrell

This study examines the relationship between superstitious behaviors and trait anxiety. Researchers randomly selected participants from college campuses for a 28-question survey measuring superstitiousness and the 20-question State-Trait-Anxiety-Inventory (STAI) to measure symptoms of anxiety. Results show a positive correlation between superstitious behaviors and an increase in anxiety symptoms. Significant gender differences were found; women scored higher on superstitiousness survey and the STAI-X2 test. Superstitious behaviors were a significant indicator for developing trait anxiety.


Inadequate Feeding Of Infant And Young Children In India: Lack Of Nutritional Information Or Food Affordability?, Nisha Malhotra Dec 2011

Inadequate Feeding Of Infant And Young Children In India: Lack Of Nutritional Information Or Food Affordability?, Nisha Malhotra

Nisha Malhotra

Why does child malnutrition persist in India? Amongst the fastest growing economies over the last two decades, India has struggled to make progress in the health of its children. In this article the author argues that the reason malnutrition persists is not limited to poverty or inadequate access to food; but that a lack of nutritional knowledge amongst families plays a very important role.

Scientific Abstract Objective: Despite a rapidly growing economy and rising income levels in India, improvements in child malnutrition have lagged. Data from the most recent National Family Health Survey reveal that the infant and young child …


Collective Choice, Justin Schwartz Jan 2011

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …


Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson Jan 2011

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.


Economic Writing On The Pressing Problems Of The Day: The Roles Of Moral Intuition And Methodological Confusion, Julie A. Nelson Nov 2010

Economic Writing On The Pressing Problems Of The Day: The Roles Of Moral Intuition And Methodological Confusion, Julie A. Nelson

Julie A. Nelson

Economists are often called on to help address pressing problems of the day, yet many economists are uncomfortable about disclosing the values that they bring to this work. This essay explores how an inadequate understanding of the role of methodology, as related to ethics and human emotions of concern, underlies this reluctance and compromises the quality of economic advice. The tension between caring about the problems, on the one hand, and writing within the existing culture of the discipline, on the other, are illustrated with examples from U.S. policymaking, behavioral economics, and the economics of climate change and global poverty. …


Reseña De "Bringing In The Future: Strategies For Farsightedness And Sustainability In Developing Countries" De William Ascher, Javier Martín Reyes Jan 2010

Reseña De "Bringing In The Future: Strategies For Farsightedness And Sustainability In Developing Countries" De William Ascher, Javier Martín Reyes

Javier Martín Reyes

Review of Ascher, William "Bringing in the Future: Strategies for Farsightedness and Sustainability in Developing Countries" Chicago, Chicago University Press, 2009, 328 pages.


Building Sustainable Societies: A Swedish Case Study On The Limits Of Reflexive Modernization., Cindy Isenhour Dec 2009

Building Sustainable Societies: A Swedish Case Study On The Limits Of Reflexive Modernization., Cindy Isenhour

Cindy Isenhour

No abstract provided.


On Conflicted Swedish Consumers, The Effort To “Stop Shopping” & Neoliberal Environmental Governance, Cindy Isenhour Dec 2009

On Conflicted Swedish Consumers, The Effort To “Stop Shopping” & Neoliberal Environmental Governance, Cindy Isenhour

Cindy Isenhour

No abstract provided.


Should Income Transfers Be Targeted Or Universal? Insights From Public Pension Influences On Elderly Mortality In Canada, 1921–1966, Jesse A. Matheson, J.C. Herbert Emery Dec 2009

Should Income Transfers Be Targeted Or Universal? Insights From Public Pension Influences On Elderly Mortality In Canada, 1921–1966, Jesse A. Matheson, J.C. Herbert Emery

Jesse A Matheson

We investigate the impact of Canada’s means-tested and universal public pension programs on the mortality rates of recipient age groups for the period 1921–1966. We find that only the universal program significantly reduced recipient age group mortality rates. The implied social value of the mortality risk reduction from this program is onetenth of the value per statistical life associated with contemporary government policy, meaning that Canadians did not need to place a high value on the life of a senior to justify the higher cost of the universal program.


Ethics, Evidence And International Debt, Julie Nelson Jun 2009

Ethics, Evidence And International Debt, Julie Nelson

Julie A. Nelson

The assumption that contracts are largely impersonal, rational, voluntary agreements drawn up between self-interested individual agents is a convenient fiction, necessary for analysis using conventional economic methods. Papers prepared for a recent conference on ethics and international debt were shaped by just such an assumption. The adequacy of this approach is, however, challenged by evidence about who is affected by international debt, how contracts are actually made and followed, the behavior of actors in financial markets, and the motivations of scholars themselves. This essay uses insights from feminist and relational scholarship from several disciplines to analyze the reasons for this …


Bearing The Costs Of Human-Wildlife Conflict: The Challenges Of Compensation Schemes, Philip J. Nyhus, Steve A. Osofsky, Paul Ferraro, H Fischer, Francine Madden Dec 2004

Bearing The Costs Of Human-Wildlife Conflict: The Challenges Of Compensation Schemes, Philip J. Nyhus, Steve A. Osofsky, Paul Ferraro, H Fischer, Francine Madden

Philip J. Nyhus

No abstract provided.


State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan Dec 2002

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan

Donald J. Kochan

In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …


"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan Dec 1997

"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan

Donald J. Kochan

This Article reexamines the doctrine of public use under the Takings Clause and its ability to impede takings for private use through an application of public choice theory. It argues that the judicial validation of interest-group capture of the condemnation power through a relaxed public use standard in Takings Clause review can be explained by interest group politics and public choice theory and by institutional tendencies inherent in the independent judiciary. Legislators can sell the eminent domain power to special interests for almost any use, promising durability in the deal given the low probability that the judiciary will invalidate it …


Relativism, Reflective Equilibrium, And Justice, Justin Schwartz Jan 1997

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …


Functional Explanation And Metaphysical Individualism, Justin Schwartz Jan 1993

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …


The Logic Of Protest Action, Herman L. Boschken Jan 1975

The Logic Of Protest Action, Herman L. Boschken

Herman L. Boschken

In recent years, there has been a noticeable growth in political protest involving groups of widely diverging interests. The rising incidence of protest seems paradoxical to the apparent growth of affluence in society. This paper attempts to resolve this paradox by contending that most forms of protest are a function of the degree of separation between (a) the values and goals of those controlling collective decision processes and (b) the diversity of interests and aspirations in segmented society at large. Through protest action, disenfranchised groups are able to impose "external" costs on "establishment" regimes that lead to alteration of the …