A Game Changer for the Political Economy of Economic Development Incentives

24 Pages Posted: 29 Jul 2016

See all articles by Stephen E. Ellis

Stephen E. Ellis

University of Oklahoma

Grant M. Hayden

Southern Methodist University - Dedman School of Law

Cynthia Rogers

University of Oklahoma

Date Written: 2014

Abstract

State and local governments have embraced their authority to offer economic development incentives for the purpose of attracting, retaining, or enhancing economic activity within their borders. Collectively, these programs represent an enormous, but largely overlooked, transfer of wealth from public entities to private firms. The increasing use of economic development incentives runs counter to the guidance offered by academic researchers. With their proliferation comes the increasing need for accountability in the decision-making process. The authors consider whether the duty of care standard used in corporate governance should be applied to the public decision-making context regarding economic development incentives.

Keywords: economic development incentives, political accountability, market accountability, municipal immunity, duty of care, business judgment rule, local governments – decision-making process, local governments – liability

Suggested Citation

Ellis, Stephen E. and Hayden, Grant M. and Rogers, Cynthia, A Game Changer for the Political Economy of Economic Development Incentives (2014). Arizona Law Review, Vol. 56, No. 4, 2014. Available at SSRN: https://ssrn.com/abstract=2813313

Stephen E. Ellis

University of Oklahoma ( email )

307 W Brooks
Norman, OK 73019
United States
405-360-6433 (Phone)

Grant M. Hayden (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

Cynthia Rogers

University of Oklahoma ( email )

307 W Brooks
Norman, OK 73019
United States

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