Working Papers
Intuitive Lawmaking: The Example of Child Support
Goldman School of Public Policy Working Paper: GSPP08-009 (July 2007)
Legal rules are often understood as setting the appropriate balance between competing claims. One might expect policymakers to identify these competing claims and employ a systematic and comprehensive analysis to assign them relative values, and to generate legal rules that follow from those values. But probably, they will not. If policy is instead set by intuitive assessments of the fair balance between competing claims, policymakers would do well to have a good understanding of the public's intuitions about these policy questions. Would a careful study of such intuitions reveal a coherent analytic framework in lay policy judgments, even if most people are unlikely to articulate their views in that way? This study examines that question in the context of child support rules. Child support awards necessarily involve tradeoffs in the allocation of finite resources among at least three private parties: the two parents, and their child or children. Using a sample of citizens called to jury service, we find that our respondents follow a predictable and rational course in their intuitive lawmaking. Their judgments in individual cases varied systematically with their views about four basic principles, suggesting that our respondents largely share a common understanding of the relevant factors that should influence decisions in particular cases, even though they differ in their judgment of the appropriate support level in many of them. Once anchored by their initial judgments, our respondents decide individual cases with considerable consistency and predictability. While gender differences conform to stereotypic expectations, the magnitude of these differences shrink when those with personal experience in the legal child support system are removed from the sample. Additional findings to be presented in future papers are also foreshadowed here.
Intellectual Property
Goldman School of Public Policy Working Paper (May 2007)
This chapter provides a comprehensive survey of the burgeoning literature on the law and economics of intellectual property. It is organized around the two principal objectives of intellectual property law: promoting innovation and aesthetic creativity (focusing on patent and copyright protection) and protecting integrity of the commercial marketplace (trademark protection and unfair competition law). Each section sets forth the economic problem, the
principal models and analytical frameworks, application of economic analysis to particular structural and doctrinal issues, interactions with other legal regimes (such as competition policy), international dimensions, and comparative analysis of intellectual property protection and other means of addressing the economic problem (such as public funding and prizes in the case of patent and copyright law and direct consumer protection statutes and public enforcement in the case of trademarks).
Intellectual Property: When is it the Best Incentive Mechanism?
Goldman School of Public Policy Working Paper (April 2007)
Intellectual property is not the only mechanism used in the American economy for rewarding R&D. Prizes and contract research of various types are also com- mon. Given the current controversies that swirl around intellectual property policies, we review the economic reasoning that supports patent and other intellectual property over the alternatives. For those economic environments where intellectual property is justified, we review some of the arguments for why it is designed as it is. We focus particularly on the issue of how broad awards should be and how much protection should go to the original inventor (as opposed to those who subsequently improve the invention). We emphasize that the ideal design of an intellectual property system depends on the ease with which rightsholders can enter into licensing and other contractual arrangements involving these rights.
When to Use a CCT Versus a CT Approach?
Goldman School of Public Policy Working Paper (July 2006)
Open Source Software: The New IP Paradigm
Goldman School of Public Policy Working Paper (April 2006)
Open source methods for creating software rely on developers who voluntarily reveal code in the expectation that other developers will reciprocate. Open source incentives are distinct from earlier uses of intellectual property, leading to different types of inefficiencies and different biasesin R&D
investment. Open source style of software development remedies a defect of intellectual property protection, namely, that it does not generally require or encourage disclosure of source code. We review a considerable body of survey evidence and theory that seeks to explain why developers participateinopensource collaborationsinsteadofkeepingtheir codeproprietary, andevaluatesthe extent to which open source may improve welfare compared to proprietary development.
The Theory and Practice of Public Good Selection: The Case of Legal Aid
Goldman School of Public Policy Working Paper (November 2005)
We began this research with two overlapping objectives. The first, and of most general
academic interest, is to gain insight about the following puzzle: why has there been
essentially nil implementation of any of the institutional ideas in the economics literature
for improving the efficiency of public goods decisions? These ideas have been proposed
and refined in literally hundreds of academic articles over the past 30 years, many of
them have undergone extensive laboratory testing, and we have an extensive network of
public policy practitioners and academics that might be expected to help bring them into
practice. The second objective is more specific and of immediate policy relevance: to
understand if there are opportunities to increase the effectiveness of the federal Legal
Services Corporation (LSC) by improving its decisions about its own internal public
goods, largely the provision of information to attorneys that directly service the eligible
low-income population. Providing these public goods requires locating, customizing,
synthesizing, and creating documents and templates, doing research, leading training, and
answering questions. We hope that our joint consideration of these two objectives might
be beneficial to each: identifying practical implications of the public goods literature may
benefit the LSC, and a case-study of LSC may identify general challenges that public
goods mechanism literature should address.
Capitalizing Art Museum Collections: Awkward for Museums But Good for Art and for Society
Goldman School of Public Policy Working Paper: GSPP08-005 (November 2005)
Though standard accounting practice requires that all assets of a firm be manifest in accounts, an exception to this principle allows museums to omit their entire collections from their balance sheets. As the collection of any top-rank museum has more value than the rest of a typical museum's assets put together, this practice greatly obstructs good institutional decisionmaking. The practice is justified by an assertion common in the museum community that the collection is not a financial asset, neither available for sale nor obligation as a loan security, and by a variety of other assertions regarding the cost of assessing it. These assertions are shown to be choices with no fundamental support beyond museum management comfort, or to be erroneous.
The allocation of artistic patrimony across museums generates a return on investment below 1%, indicating that these assets are not being used efficiently to create the benefits museums (whether non-profit or public) are supposed to provide: no other organization would be allowed to control assets with such a low rate of return. Capitalizing collections is practical and would lead to a variety of beneficial changes in museum practice, on the criterion of inducing "more, better, engagement with more art by more people."
The Organization of Consumption, Production and Learning
Goldman School of Public Policy Working Paper (August 2005)
This paper provides an extension of general equilibrium theory that incorporates the actions of individuals both as demanders and suppliers of goods
and as members of ¯rms, schools, social groups, and contractual relationships. The central notion of the paper is a group: a collection of individuals associated with one another for some purpose. The model takes as primitive an exogenous set of group types, interpretable as (potential) ¯rms, schools, social groups, contracts etc. The types of schools and ¯rms that materialize in equilibrium, as well as the way that agents acquire skills, are determined endogenously in a competitive market, as are the contracts they enter into, and the production and consumption of private commodities. The model is
well-founded (equilibrium exists) and passes a basic test of perfect competition (coincidence of the core with the set of equilibrium states). Examples
and Applications illustrate the °exibility and power of the framework.