Electric Cooperatives are in crisis, owing to management scandals and environmental controversies. This paper argues that a return to fundamental cooperative principles is in order and can be accomplished without compromising the independence and flexibility enjoyed by management at these...

The May 2009 Rose Garden ceremony for President Obama’s signing of new fuel efficiency mandates for automobiles was attended by a remarkable gathering of “bootleggers and Baptists” - “Baptist” environmentalists who were pleased to get a policy they desired, and “bootlegger”...

The article discusses the challenges associated with the assessment of economic concentrations involving state-owned enterprises (SOEs) under the European Union (EU) merger control. It reveals inconsistencies in ascertaining the exercise of and the (anti)competitive effects stemming from the...

In this paper we use published information to provide analyze the economic value of Direct to Consumer (DTC) advertising. We use information on: the effect of DTC in generating patient visits; the effect of patient visits and mentions of a drug in generating prescriptions; and the effect of...

The paper uses an original international database on regulation, market structure and performance in the telecommunications industry to investigate the effects of entry liberalisation and privatisation on productivity, prices and quality of service in long-distance (domestic and international)...

Critics of privatization argue that privatization encourages providers to lobby for industry expansion. I argue that this is not generally true when public-sector actors also lobby. Where the effectiveness of advocacy depends on total expenditures, some initial amount of privatization always...

A common argument against privatization is that private providers will self-interestedly lobby to increase the size of their market. In this Article, I evaluate this argument, using, as a case study, the argument against prison privatization based on the possibility that the private prison...

The Supreme Court's decision in Grutter v. Bollinger suggested that the government had affixed its seal of approval on the widespread use of affirmative action in employment. It created a potentially expansive diversity rationale for affirmative action that reaches beyond higher education and...

This essay discusses Jon Michaels’ thoughtful and thought-provoking new book, Constitutional Coup: Privatization’s Threat to the American Republic (Harvard, 2017). In the book, Michaels recommends not only that we apply the brakes to the outsourcing train, but that the very future of our...

Advisory committees are a ubiquitous yet understudied feature of the administrative state. More than seventy-five thousand experts from outside the federal government serve on over one thousand committees across the executive branch, providing agencies with informed “second opinions” to...