Larry Ribstein on Deregulating Lawyers Whether They Like it or Not
Much of the writing on deregulating the legal profession asks skeptically whether it could or should happen. It was logical to wonder what could change when the profession was locked up tight by the lawyers themselves. What opposing political interest group was comparably well-organized or well-informed? Consumers could sue to break up the regulatory monopoly, ... Larry Ribstein on Deregulating Lawyers Whether They Like it or Not
Richard Thaler’s Rejoinder to the TOTM Free to Choose Symposium
I have now had a chance to read through the contributions to this event and have a few thoughts to share. I cannot, of course, reply to everything that has been said here, and in any case, most of what I would say already appears in print. Before getting into specifics let me say one ... Richard Thaler’s Rejoinder to the TOTM Free to Choose Symposium
Free to Choose Wrapup
Thanks to all of the participants for the excellent posts over the last two days. There are a couple of excellent comment threads where the conversation continues, and I hope that over the next few days participants and readers will get a chance to comment on the posts. Indeed, if any of the participants feel ... Free to Choose Wrapup
Ginsburg and Wright on Behavioral Law and Economics: the Never-Ending Quest for a Third Way
In the brave new world contemplated by the advocates of government policies informed by behavioral law and economics, many more aspects of each individual’s life will be regulated, or more stringently regulated, than at present. Within the legal academy, the growth of the behavioral law and economics movement has been dramatic. Surveying all legal publications ... Ginsburg and Wright on Behavioral Law and Economics: the Never-Ending Quest for a Third Way
Ginsburg and Wright on A Taxonomy of Behavioral Law and Economics Skepticism
The behavioral economics research agenda is an ambitious one for several reasons. The first reason is that behavioral economics requires a theory “true” preferences aside from – and in opposition to — the “revealed” preferences of the decision maker. A second reason is that while collecting and documenting individual biases in an ad hoc fashion ... Ginsburg and Wright on A Taxonomy of Behavioral Law and Economics Skepticism
Judd Stone on Behavioral Economics, Administrative Agencies, and Unintended Consequences
Professors Henderson and Ribstein touch on two theoretical failures of the behavioralist movement which both reveal the prematurity of ‘behaviorally-informed’ regulatory proposals: the behavioralist assumptions that (1) behavioral biases theoretically necessitate, or at least enable, public intervention, and (2) governmental entities can net improve individual outcomes over the status quo of unfettered, if limited, human ... Judd Stone on Behavioral Economics, Administrative Agencies, and Unintended Consequences
Todd Henderson on Project Behavior: What the Battle is Really About
Lying in bed for the past day with a stomach bug, I’ve enjoyed reading the contributions of my friends and colleagues. Perhaps the wisest course would be to, like Leonardo DiCaprio’s character pretending to be a doctor in “Catch Me If You Can,” say “I concur” and slip back under the covers. My general views ... Todd Henderson on Project Behavior: What the Battle is Really About
Erin O’Hara on The Free Market Side of Behavioral Law and Economics
Behavioral law and economics (“BLE”) can influence legal policy analysis and regulation in many ways. On balance, it is not at all clear that this new paradigm undermines a policy commitment to markets. From one vantage point, the BLE movement can be said to help preserve markets. Importantly, those using the paradigm often start with ... Erin O’Hara on The Free Market Side of Behavioral Law and Economics
Stephen Bainbridge on Mandatory Disclosure: A Behavioral Analysis
Mandatory disclosure is a—maybe the—defining characteristic of U.S. securities regulation. Issuers selling securities in a public offering must file a registration statement with the SEC containing detailed disclosures, and thereafter comply with the periodic disclosure regime. Although the New Deal-era Congresses that adopted the securities laws thought mandated disclosure was an essential element of securities ... Stephen Bainbridge on Mandatory Disclosure: A Behavioral Analysis
Sprigman and Buccafusco on Behavioral Law and Economics and the Road from Lab to Law
In our second post, we want to discuss some of the implications of the study (the details of which we described in our first post). One of the consistent concerns about BL&E in this symposium is about the too-quick jump from data to policy. We should emphasize that we think more work needs to be ... Sprigman and Buccafusco on Behavioral Law and Economics and the Road from Lab to Law
Tom Brown on Camel Spotting — Is Behavioral Economics Really Beyond Redemption?
At the outset let me thank our hosts for inviting me to participate in what I have come to think of as Truth On The Markets’ annual symposium on topics of particular interest to me. Last year at roughly this same time, TOTM sponsored a symposium on what many surely regarded as an obscure topic, ... Tom Brown on Camel Spotting — Is Behavioral Economics Really Beyond Redemption?
Kevin McCabe on Behavioral Economics and the Law
Having started my career as an experimental economist I probably have a little different, but I hope complimentary, perspective on behavioral economics and other experimental programs in general. I view the difference between experimental and behavioral economics in terms of (1) what is studied, and (2) how it is studied. Experimental economists are interested in institutional and ... Kevin McCabe on Behavioral Economics and the Law
