The contention that consumers systematically “undersave” for retirement is a frequent example provided by adherents to behavioral economics and behavioral law and economics to purportedly illustrate their theories. Although frequently asserted, the claim that people systematically undersave...

One of the most controversial aspects of Hayek's social theory was his acceptance of the concept of cultural group selection. The publication of Unto Others: The Evolution and Psychology of Unselfish Behavior provides an opportunity to revisit this much-maligned component of Hayek's thought....

One of the most controversial aspects of Hayek's social theory was his acceptance of the concept of cultural group selection. The publication of "Unto Others: The Evolution and Psychology of Unselfish Behavior" provides an opportunity to revisit this much-maligned component of Hayek's thought....

This essay reviews the origins and development of the debate over the “efficiency of the common law hypothesis.” The essay begins with the earliest explanation for the observed tendency of the common law as proffered by Richard Posner. It then examines the Rubin-Priest and contemporary...

Recent developments in environmental law have heightened the importance of the concept of "existence value" -- the value that individuals gain simply from the knowledge that certain environmental resources exist. These values are non-use values, hence they are said to be in the nature of a...

For years, economists and lawyers have bemoaned the inefficiencies of the current centralized, command-and-control regime of environmental regulation. Despite the manifest failure of the current regime, however, the system of environmental regulation seems to be largely immune to rationalization...

Using public choice tools, this article examines why tort reform is necessary but also elusive. Identifying the demand-side and supply-side forces that have caused tort law to evolve away from efficient rules, the article shows why the courts are an unlikely venue for meaningful tort reform....

Behavioral economics claims to have identified certain systematic biases in human decision-making with the implied assumption — sometimes leading to an explicit policy proposal — that these biases can only be corrected through centralized planning. While the appropriateness of policy...

It is trite to observe that every economic crisis is unique and calls forth unique government responses. Still, it is possible to generalize from prior crises to anticipate government responses to future crises. Understanding patterns in governmental responses to crises is especially pressing in...

In the United States, the term “crony capitalism” refers to a political-economic system that resembles traditional political “corporatism.” As used here, it describes a system in which government, big business, and powerful interest groups (especially labor unions) work together to...