Law And Public Choice

In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School

'. . . this volume offers valuable insights into theories of public choice and their application to public law. . . one of the benefits that the Handbook offers environmental lawyers is the opportunity to engage in an interdisciplinary scholarly exchange: to challenge and confirm claims about environmental law and environmental regulatory processes as set out in public choice theory.' - Sanja Bogojevi?, Climate Law

Public choice theory should be taken seriously--but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions. While Mashaw addresses perennial questions of constitutional law, legislative interpretation, administrative law, and the design of public institutions, he arrives at innovative conclusions. Countering the positions of key public choice theorists, Mashaw finds public choice approaches virtually useless as an aid to the interpretation of statutes, and he finds public choice arguments against delegating political decisions to administrators incoherent. But, using the tools of public choice analysts, he reverses the lawyers' conventional wisdom by arguing that substantive rationality review is not only legitimate but a lesser invasion of legislative prerogatives than much judicial interpretation of statutes. And, criticizing three decades of "law reform," Mashaw contends that pre-enforcement judicial review of agency rules has seriously undermined both governmental capacity and the rule of law.

Stearns and Zywicki's Public Choice Concepts and Applications in Law is the only course book specifically designed to instruct law students in the discipline of public choice. The book provides a comprehensive but nontechnical overview of interest group theory, social choice theory, game theory, and elementary price theory. It ties these concepts to a wide range of topics in both public and private law. The book contains chapters devoted to each set of methodological tools and specific institutional settings: legislatures, courts, executive branch and bureaus, and constitutions.

This timely and important volume addresses the serious challenges faced by democracy in contemporary society. With contributions from some of the world's most prestigious scholars of public choice and political science, this comprehensive collection p

This book argues that while the US president makes foreign policy decisions based largely on political pressures, it is concentrated interests that shape the incentive structures in which he and other top officials operate. The author identifies three groups most likely to be influential: government contractors, the national security bureaucracy, and foreign governments. This book shows that the public choice perspective is superior to a theory of grand strategy in explaining the most important aspects of American foreign policy, including the war on terror, policy toward China, and the distribution of US forces abroad. Arguing that American leaders are selected to respond to public opinion, not necessarily according to their ability to formulate and execute long-terms plans, the author shows how mass attitudes are easily malleable in the domain of foreign affairs due to ignorance with regard to the topic, the secrecy that surrounds national security issues, the inherent complexity of the issues involved, and most importantly, clear cases of concentrated interests. The book will be of interest to students and scholars of American Studies, Foreign Policy Analysis and Global Governance.

Discusses voting, tax policy, government regulation, redistribution of wealth, and international negotiation in a new approach to government

When market forces fail us, what are we to do? Who will step in to protect the public interest? The government, right? Wrong. The romantic view of bureaucrats coming to the rescue confuses the true relationship between economics and politics. Politicians often cite "market failure" as justification for meddling with the economy, but a group of leading scholars show the shortcomings of this view. In Government Failure, these scholars explain the school of study known as "public choice," which uses the tools of economics to understand and evaluate government activity. Gordon Tullock, one of the founders of public choice, explains how government "cures" often cause more harm than good. Tullock provides an engaging overview of public choice and discusses how interest groups seek favors from government at enormous costs to society. Displaying the steely realism that has marked public choice, Tullock shows the political world as it is, rather than as it should be. Gordon Brady scrutinizes American public policy, looking closely at international trade, efforts at regulating technology, and environmental policy. At every turn Brady points out the ways in which interest groups have manipulated the government to advance their own agendas. Arthur Seldon, a seminal scholar in public choice, provides a comparative perspective from Great Britain. He examines how government interventions in the British economy have led to inefficiency and warns about the political centralization promised by the European Community. Government Failure heralds a new approach to the study of politics and public policy. This book enlightens readers with the basic concepts of public choice in an unusually accessible way to show the folly of excessive faith in the state.