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Explaining the Importance of Public Choice for Law


D. Daniel Sokol


University of Florida - Levin College of Law; George Washington University Law School Competition Law Center


Michigan Law Review, Vol. 109, 2011
University of Florida Levin College of Law Research Paper No. 2011-02

Abstract:     
The next generation of government officials, business leaders and members of civil society likely will draw from the current pool of law school students. These students often lack a foundation of the theoretical and analytical tools necessary to understand law’s interplay with government. This highlights the importance of public choice analysis. By framing issues through a public choice lens, these students will learn the dynamics of effective decision-making within various institutional settings. Filling the void of how to explain the decision-making process of institutional actors in legal settings is Public Choice Concepts and Applications in Law by Maxwell Stearns and Todd Zywicki.

Because of its analytic depth, Public Choice Concepts is likely to be recognized as the leading work on the subject for some time. Stearns and Zywicki’s contribution to public choice scholarship is important and compelling. Part I of this review addresses common misperceptions about public choice, provides a descriptive summary of the book, explains its important implications, and suggests some limitations. Part II takes issue with Stearns and Zywicki on one important ground - their failure to adequately consider public choice issues in an international context. This Part describes how an understanding of public choice can offer insights into international antitrust.

Number of Pages in PDF File: 19

Keywords: public choice, antitrust, law and economics

JEL Classification: D70, K00, K21, L40

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Date posted: June 16, 2010 ; Last revised: June 30, 2010

Suggested Citation

Sokol, D. Daniel, Explaining the Importance of Public Choice for Law. Michigan Law Review, Vol. 109, 2011; University of Florida Levin College of Law Research Paper No. 2011-02. Available at SSRN: http://ssrn.com/abstract=1624956

Contact Information

D. Daniel Sokol (Contact Author)
University of Florida - Levin College of Law ( email )
Spessard L. Holland Law Center
P.O. Box 117625
Gainesville, FL 32611-7625
United States
(352) 273-0968 (Phone)
(352) 392-3005 (Fax)
HOME PAGE: http://www.law.ufl.edu/faculty/d-daniel-sokol
George Washington University Law School Competition Law Center ( email )
200 H Street, NW
Washington, DC 20052
United States
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