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Mechanism Choice

Jonathan B. Wiener
Duke University

Barak D. Richman
Duke University - School of Law



PUBLIC CHOICE AND PUBLIC LAW, Daniel A. Farber and Anne Joseph O'Connell, eds., Forthcoming
Duke Law School Public Law & Legal Theory Paper No. 250

Abstract:     
This paper is a draft of a chapter for a forthcoming book, Public Choice and Public Law, edited by Daniel Farber and Anne Joseph O'Connell, to be published by Edward Elgar. This chapter reviews the literature on the selection of regulatory policy instruments, from both normative and positive perspectives. It first reviews the mechanism design literature to identify normative objectives in selecting among the menu or toolbox of policy instruments. The chapter then discusses the public choice and positive political theory literatures and the variety of models developed to attempt to predict the actual selection of alternative policy instruments. It begins with simpler early models focusing on interest group politics and proceeds to more complicated models that incorporate both supply and demand for policy, the role of policy entrepreneurs, behavioral and cognitive choice, and public perceptions and mass politics. It compares these theories to empirical experience. The chapter examines literature in law, economics, political science, and related fields, and it draws examples from US, European, and international regulation. It concludes with suggestions for future research.

Accepted Paper Series

Date posted: May 21, 2009 ; Last revised: July 15, 2009

Suggested Citation

Wiener, Jonathan B. Baert and Richman, Barak D., Mechanism Choice (July 1, 2009). PUBLIC CHOICE AND PUBLIC LAW, Daniel A. Farber and Anne Joseph O'Connell, eds., Forthcoming; Duke Law School Public Law & Legal Theory Paper No. 250. Available at SSRN: http://ssrn.com/abstract=1408163


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Contact Information

Barak D. Richman (Contact Author)
Duke University - School of Law ( email )
Box 90360
Durham, NC 27708
United States
919-613-7244 (Phone)
919-613-7231 (Fax)
Jonathan Baert Wiener
Duke University ( email )
Box 90360
Durham, NC 27708
United States
919-613-7054 (Phone)
919-613-7231 (Fax)
HOME PAGE: http://www.law.duke.edu/fac/wiener/
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