Pigou, Coase, common law, and environmental policy: Implications of the calculation debate

The implications of the calculation debate are explored for Pigouvian, Coasean, and common-law liability approaches to externality problems. There is no escaping Hayekian-Misean information problems, but the institutional setting within which environmental policies are resolved affects the domain of third-party calculation. The calculation required is likely to be significantly less under common-law arrangements than under administrative processes. The primary implication for environmental policy is that increased reliance on competitive market processes and the common law in copying with externality problems may be more effective than attempts to improve current administrative approaches.     

Friends in high places: The wealth effects of JFK's assassination on the assets of LBJ's supporters

This paper uses anecdotal evidence to identify a group of firms that had significant ties to President Lyndon Johnson and determines the effect of Johnson's unexpected rise to the Presidency on the market value of these firms. The unexpected nature of President Kennedy's death eliminates the confounding event problem typically associated with election results. We are able to identify four separate portfolios of firms that had political ties to Lyndon Johnson. Our research suggests that the market expected significant benefits to accrue to these firms as a result of Johnson's becoming President. When Catholic John Kennedy and Johnson were running together in 1960 a joke hop-scotched around the parties in Texas and Washington that Kennedy had told Johnson, “Lyndon, when we get elected I'm going to dig a tunnel to the Vatican,” and Lyndon had replied, “That's OK with me as long as Brown & Root gets the contract” (Dugger, 1982: 286).     

A constitutional interpretation of the firm

When members of a firm make firm-specific investments they will earn rents. Potential rent-seeking on the part of the owner of the firm and other employees reduces the value of an employee's firm-specific investment and, as a result, reduces the level of those investments. In this context the firm can be thought of as a set of interdependent relationships where the actions of any one individual can affect the rents of all others. The owner of the firm will desire to set up an institutional arrangement to protect the individual's property rights in specific investments as part of his effort to maximize profit. Establishing this institutional arrangement is similar to the establishment of a constitution by the state or other organization. This constitution protects the property rights of the members of the firm and as a result encourages the creation of property, that is, the firm-specific investments. The constitution of a firm consists of a set of interdependent explicit and implicit contracts between the firm and its various members, as well as mechanisms for enforcing and monitoring these contracts. As a practical matter, it is obvious that workers normally do not enjoy costless or near-costless mobility, and thus an ordinary “at will” employment contract may no longer be sufficient to induce workers to join a firm. If, in order to function productively within an enterprise, individuals have to accumulate, and pay for, firm-specific capital assets, the simple neoclasical logic fails (Furubotn, 1988: 167).     

Federal Court Responses to State and Local Claims of "Undue Burden" in Complying with The Americans with Disabilities Act

Are federal courts sympathetic to local and state officials'cost concerns, particularly when it comes to meeting the requirementsof the Americans with Disabilities Act? This is the fundamentalquery taken up by this analysis. After examining twenty-eightfederal ADA cases where state and local officials have goneto court claiming that complying with this civil rights measurewould be unduly burdensome, this study comes up with mixed findings.In some cases, the courts have been sensitive to cost concernsbut, in others, they have not. Despite these inconclusive findings,this study does cast some light on what state and local officialsmust do if they expect federal courts to be sensitive to theirconcerns.     

Public choice and the EPA: Empirical evidence on carbon emissions violations

This study provides evidence of public choice determinants of the penalties assessed by the Environmental Protection Agency for carbon emissions violations. Following the work of Stigler (1971), Peltzman (1976), Tollison (1982), and Tullock (1989), this study points out that powerful business interest groups are able to use their political influence to shape EPA environmental policy for urban areas. The statistical estimates presented here suggest that business groups have limited power (through lobbying activity) in affecting the probability of the occurrence of an EPA citation for carbon emissions violations, while they may have considerable power in influencing thedegree of an EPA citation for carbon emissions standards, once a citation occurs.     

EVERYONE'S DOING IT! CODES OF ETHICS AND NEW SOUTH WALES PARLIAMENTARIANS‘ PERCEPTIONS OF CORRUPTION

Abstract: Everyone is doing a code of ethics. But when can codes do good? To find out we interviewed New South Wales parliamentarians about their perceptions of corruption in 10 scenarios weighted from least to most corrupt. The cases were drawn from John Peters and Susan Welch's theory of corruption. We note similar studies in the United States and Canada. There is confusion about ethics, and we note that the episodes of corruption in the 1980s suggest ethical standards could be elevated. Perhaps the most significant conclusion is that parliamentarians come to think alike about corruption in the middle of their careers. Those who want to see ethics enhanced should aim at induction, education, and counselling within parliament. Here codes, if supported, have a role to play. Improvement will not be achieved by searching for a saintly parliamentarian. We found those most sensitive to corruption to be the least and most senior members.     

Books in review

A former editor of theAmerican Historical Review, he has written extensively on the history of modern Great Britain and more recently has published essays on the nature of the contemporary urban university.