Monthly Archives: November 2017

Victor Davis Hanson – How a Border War in Europe Led to WWII

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It is now clear we are headed to the 1970s

The Inquiring Mind

In our legislature today we had the unedifying spectacle of Labour MPs supporting a dinosaur union , shortly afterward we had union action cancelled.

On my first visit to NZ back in the 1970s I remember how the unions ran the country. Given Winston Peters nostalgia for Muldoon and the socialist proclivities of Ardern and her ‘team’ this clip seemed remarkably apt

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The Nirvana Fallacy is Not the “Fiction” Fallacy

Truth on the Market

In a response to my essay, The Trespass Fallacy in Patent Law, in which I explain why patent scholars like Michael Meurer, James Bessen, T.J. Chiang and others are committing the nirvana fallacy in their critiques of the patent system, my colleague, T.J. Chiang writes at PrawfsBlawg:

The Nirvana fallacy, at least as I understand it, is to compare an imperfect existing arrangement (such as the existing patent system) to a hypothetical idealized system. But the people comparing the patent system to real property—and I count myself among them—are not comparing it to an idealized fictional system, whether conceptualized as land boundaries or as estate boundaries. We are saying that, based on our everyday experiences, the real property system seems to work reasonably well because we don’t feel too uncertain about our real property rights and don’t get into too many disputes with our neighbors. This is admittedly…

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Hard Coase, Soft Coase

A Force for Good

Over the course of this semester, I have been working on two research projects which parallel each other very closely.  Both look at water market exchanges (ie, people who buy and sell water), one from a Coasian perspective (ie, how changes in legislation affect markets), and the other from an Ostrom/Ellickson perspective (ie, how social norms and mores affect markets).  Both these papers are being finished up and I will post links to them here, but there is an interesting connection between the two: both forms of bargaining are “bargaining under the shadow of the law.”

“Bargaining under the shadow of the law” typically refers to working within a framework established by a court (eg, how a court determines property rights).  This is the “hard Coase” theorem.  However, “law” need not apply to just courts; indeed, it does not.  There are general rules, or laws, that develop “[From] our continual observations…

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