Public choice and tort reform

The common law originally was thought to be immune to rent seeking. More recently, scholars have recognized that attorneys are engaged in exactly that activity. Rent seeking by the legal profession has greatly expanded the scope of US tort law, and generated efforts to reverse its expansion. Organized groups (attorneys, businesses and doctors) are active on both sides of the issue and the partisans have numerous tools available for advancing their agendas, such as litigating, lobbying for favorable rules and attempting to elect sympathetic legislators and judges. All of this creates an ideal setting for public choice analysis.     

Public choice in private markets

He has written widely on social and economic issues.     

Public choice theory and antitrust policy

We survey the pioneering contributions of Robert Tollison to the theory and practice of antitrust law enforcement. Inspired by his period of service during Ronald Reagan’s first administration as Director of the Federal Trade Commission’s Bureau of Economics, Tollison was the first scholar to apply public choice reasoning to the question why antitrust frequently fails to achieve its stated goal of protecting consumers against unwarranted exercises of market power. In supplying evidence that the outcomes of antitrust processes are shaped more by special interests than by the public’s interest, he was instrumental in launching a wholly new research program.     

Public choice in the new century

This special issue of Public Choice was designed to afford leading scholars the opportunity to summarize the current state of the public choice literature in key areas of public policy concern and to offer their thoughts about future directions of research. By laying out public choice frameworks for analyzing some of the major challenges confronting democratic governments at the dawn of the 21st century, the issue’s overarching goal is to demonstrate the vibrancy and continuing relevance of the public choice research program.     

Public choice in a federal system

Except for the mobility constraints imposed on political decisions of lower-level governments, public choice analysts assume that the working of the political process under federalism remains the same at all levels of governments as under unitary state. This paper argues that one dimension of the political process in a federalist framework lends itself to specific economic analysis, namely the fact that, once constitutional limits break down and functions overlap, two or more levels of government compete for the same voters in the supply of services in a given territory. Viewing votes as inputs in the production of political outputs, the conventional analysis of allocation under common-property rule should shed light on the outcome of this process. The analysis shows that it is in the interest of both suppliers to seek to gain the votes in being first to implement programs. There are thus two forces operating in a typical federalist system, an expansionist one rooted in the political dynamics analysed here, and a restrictionist one based on the mobility of resources among decentralized entities. This may explain why the empirical record is rather mixed on the contribution of federalism to containing government growth. The consequences of this process are derived and possible avenues for improvement are explored.     

Public choice in local judicial systems

For their contributions to earlier drafts, acknowledgements are extended to Webb Smathers, Ron Faas, Rod Ziemer and other reviewers.     

Public choice in a local government setting

From its beginnings, public choice has always had a substantial component devoted to federalism and local government decision-making. The DeVoe Moore Center at Florida State University has made the study of local government within a public choice framework a core component of its mission. The Center held a conference February 17?C19, 2011, on public choice in a local government setting. This special issue of Public Choice contains the papers presented at that conference.     

Public choice and three ethical properties of politics

Three major public choice findings about politics are analyzed for their implications regarding ethics and ethical analysis. The assumption that governments supply collective goods, and the ensuing implication that it is rational to stay ignorant is shown to decrease the moral involvement of the individual in political behavior. The difficulty of obtaining a stable political outcome with regard to distributive issues is shown to affect the relationship between fair political procedures and the attainment of justice. It is argued that the pursuit of justice may require the abandonment of procedural fairness. Implications of these findings for ethical reasoning are then discussed. Finally, questions regarding the relationship between the rather imperfect findings of the public choice theorist and their ethical implications for the political philosopher are raised.     

Political polarization, congressional redistricting, and trade liberalization

During the last 50 years, political polarization in the US House of Representatives has intensified. One explanation for this trend emphasizes the importance of congressional redistricting. This paper analyzes the relationship between political polarization and redistricting in the context of two trade liberalization bills. The results of the paper indicate that redistricting has not contributed significantly to party polarization over trade policy although it has produced a partisan shift in favor of trade liberalization. Redistricting does not appear to impact political polarization largely because district-level characteristics currently are dominated by broader, national factors such as party affiliation. The results of the paper clearly demonstrate this point by showing that changes in party affiliation have a much greater impact on voting behavior than changes in district characteristics. The paper also finds, however, that institutional control of the redistricting process at the state level has influenced political polarization with respect to trade policy.     

Endogenizing the median voter: Public choice goes to school

This paper investigates implications of the relationship between voter self-selection and the behavior of politicians. Voter self-selection arises in elections because only a portion of eligible voters actually vote. It is likely to be more pronounced whenever the implied net benefits from a given electoral choice are disproportionately distributed across voters. Public choice theory predicts that incumbent officials will manipulate this self-election pursuant to the maximization of their personal objective functions. This paper provides evidence from school bond elections that politicians influence voter self-selection via manipulation of election parameters.