The Economics of Federalism

25 Pages Posted: 13 Jan 2006  

Larry E. Ribstein

University of Illinois College of Law (deceased); PERC - Property and Environment Research Center

Bruce H. Kobayashi

George Mason University - School of Law

Date Written: January 6, 2006

Abstract

This is the introductory essay for the Economics of Federalism, a book edited by the authors and forthcoming in Edward Elgar Publishing's ECONOMIC APPROACHES TO LAW series. This essay discusses the major issues and theories concerning federal political systems, which we define as systems that have a hierarchy of at least two distinct state and central levels, each with a well-defined scope of authority. The essay discusses two branches the economics literature. The first branch, on competitive federalism, stems from Tiebout's 1956 article. It focuses on the horizontal structure of federalism and examines jurisdictional competition between state governments for mobile individuals and resources. The second branch of the literature, on fiscal federalism, examines the vertical structure of federalism, or the division of public services and taxing power between the central and state governments. The essay also examines applications of the economic analysis of federalism to specific areas of the law, including corporate law, antitrust law, environmental law, choice of law rules, contractual choice of law, and public choice theory.

JEL Classification: K10, P43, H77

Suggested Citation

Ribstein, Larry E. and Kobayashi, Bruce H., The Economics of Federalism (January 6, 2006). U Illinois Law & Economics Research Paper No. LE06-001; George Mason Law & Economics Research Paper No. 06-15. Available at SSRN: https://ssrn.com/abstract=875626 or http://dx.doi.org/10.2139/ssrn.875626

Larry Edward Ribstein (Contact Author)

University of Illinois College of Law (deceased)

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

Bruce H. Kobayashi

George Mason University - School of Law ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8034 (Phone)
703-993-8088 (Fax)

HOME PAGE: http://mason.gmu.edu/~bkobayas

Paper statistics

Downloads
1,075
Rank
15,098
Abstract Views
4,602