The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Tax”

Applying harm reduction to smoking

Abstinence approaches work exceedingly well on an individual level but continue to fail when applied to populations. We can see this in several areas: teen pregnancy; continued drug use regardless of severe criminal penalties; and high smoking rates in vulnerable populations, despite targeted efforts to prevent youth and adult uptake. The good news is that ... Applying harm reduction to smoking

Vapor products, harm reduction, and taxation: More questions than answers for a young and dynamic product market

ICLE has released a white paper entitled Vapor products, harm reduction, and taxation: Principles, evidence and a research agenda, authored by ICLE Chief Economist, Eric Fruits. More than 20 countries have introduced taxation on e-cigarettes and other vapor products. In the United States, several states and local jurisdictions have enacted e-cigarette taxes. The concept of ... Vapor products, harm reduction, and taxation: More questions than answers for a young and dynamic product market

Amazon/Whole Foods: What Me Worry?

Brandeis is back, with today’s neo-Brandeisians reflexively opposing virtually all mergers involving large firms. For them, industry concentration has grown to crisis proportions and breaking up big companies should be the animating goal not just of antitrust policy but of U.S. economic policy generally. The key to understanding the neo-Brandeisian opposition to the Whole Foods/Amazon mergers is that it has nothing to do with consumer welfare, and everything to do with a large firm animus. Sabeel Rahman, a Roosevelt Institute scholar, concedes that big firms give us higher productivity, and hence lower prices, but he dismisses the value of that. He writes, “If consumer prices are our only concern, it is hard to see how Amazon, Comcast, and companies such as Uber need regulation.” And this gets to the key point regarding most of the opposition to the merger: it had nothing to do with concerns about monopolistic effects on economic efficiency or consumer prices.  It had everything to do with opposition to big firm for the sole reason that they are big.

E-cigarette taxation: Lessons from “sin taxes”

The Economist takes on “sin taxes” in a recent article, “‘Sin’ taxes—eg, on tobacco—are less efficient than they look.” The article has several lessons for policy makers eyeing taxes on e-cigarettes and other vapor products. Historically, taxes had the key purpose of raising revenues. The “best” taxes would be on goods with few substitutes (i.e., ... E-cigarette taxation: Lessons from “sin taxes”

Correcting the Federalist Society Review’s Mischaracterization of How to Regulate

Ours is not an age of nuance.  It’s an age of tribalism, of teams—“Yer either fer us or agin’ us!”  Perhaps I should have been less surprised, then, when I read the unfavorable review of my book How to Regulate in, of all places, the Federalist Society Review. I had expected some positive feedback from ... Correcting the Federalist Society Review’s Mischaracterization of How to Regulate

Amazon and the Unwisdom of the Populist Crowd

There are some who view a host of claimed negative social ills allegedly related to the large size of firms like Amazon as an occasion to call for the company’s break up. And, unfortunately, these critics find an unlikely ally in President Trump, whose tweet storms claim that tech platforms are too big and extract unfair rents ... Amazon and the Unwisdom of the Populist Crowd

The Collateral Order Doctrine and State Action Immunity: Salt River Power District, Antitrust Federalism, and the Burden of State-Supported Monopoly

On December 1, 2017, in granting certiorari in Salt River Project Agricultural Improvement and Power District v. SolarCity Corp., the U.S. Supreme Court agreed to consider “whether orders denying antitrust state-action immunity to public entities are immediately appealable under the collateral-order doctrine.”  At first blush, this case might appear to involve little more than a ... The Collateral Order Doctrine and State Action Immunity: Salt River Power District, Antitrust Federalism, and the Burden of State-Supported Monopoly

Fred S. McChesney In Memoriam: Honorable Man and Incisive Scholar

Richard Epstein is the Laurence A. Tisch Professor of Law at NYU School of Law, the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution, and the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. It was with much sadness that I learned of the ... Fred S. McChesney In Memoriam: Honorable Man and Incisive Scholar

An Apollo 13 approach to Obamacare

“Houston, we have a problem.” It’s the most famous line from Apollo 13 and perhaps how most Republicans are feeling about their plans to repeal and replace Obamacare. As repeal and replace has given way to tinker and punt, Congress should take a lesson from one of my favorite scenes from Apollo 13. “We gotta ... An Apollo 13 approach to Obamacare

Tax Competition, the Burden of Excessive Taxation, and the European Union’s Apple “State Aids” Case

Government subsidies that selectively favor a particular firm or firms may substantially distort competition within an industry, thereby skewing trading terms, reducing efficiency, and harming consumer welfare.  To its credit, the European Union (EU) seeks to stamp out distortive state aid, as explained by the EU’s administrative and law enforcement arm, the European Commission (EC): ... Tax Competition, the Burden of Excessive Taxation, and the European Union’s Apple “State Aids” Case

How to Regulate: Externalities

Following is the second in a series of posts on my forthcoming book, How to Regulate: A Guide for Policy Makers (Cambridge Univ. Press 2017).  The initial post is here. As I mentioned in my first post, How to Regulate examines the market failures (and other private ordering defects) that have traditionally been invoked as ... How to Regulate: Externalities

The American Antitrust Institute Fruitlessly Searches for the Key to American Competitive Conditions under the Antitrust Lamppost

On September 28, the American Antitrust Institute released a report (“AAI Report”) on the state of U.S. antitrust policy, provocatively entitled “A National Competition Policy:  Unpacking the Problem of Declining Competition and Setting Priorities for Moving Forward.”  Although the AAI Report contains some valuable suggestions, in important ways it reminds one of the drunkard who ... The American Antitrust Institute Fruitlessly Searches for the Key to American Competitive Conditions under the Antitrust Lamppost