Author: Publisher:
ISBN:
Category : Trucking
Languages : en
Pages : 108
Book Description
Economic Regulation of Intrastate Commerce
Author: The Constitution and Economic Regulation
Author: Michael ConantPublisher: Routledge
ISBN: 1351298305
Category : Law
Languages : en
Pages : 536
Book Description
This study uses basic economic analysis as a technique to comment critically on the original meaning and the interpretation of those clauses of the Constitution that have particular bearing on the economy. Many new conclusions are markedly different from those of the Supreme Court and earlier commentators. Conant's view is that the commerce clause and the equal protection clause, if they had been construed consistently with their comprehensive original meanings, would have given much greater federal protection against state laws that impaire free markets. Economic policy for the nation was vested in Congress. To the extent that special interests could buy congressional favor for their anticompetitive activities, free markets were impaired within constraints as interpreted by the court. These decisions have been criticized for their failure to incorporate the antimonopoly tradition in the Ninth Amendment and their failure to recognize equal protection of laws incorporated into the Fifth Amendment. Conant holds that statutory controls of the economy are justifiable in economic theory if they are designed to remedy market failures and thereby increase efficiency. If statutes are passed to interfere with markets and create market inefficiencies for the benefit of special interest groups, they should be condemned under the standards of normative microeconomics. There are four main classes of market failure: monopoly, externalities, public goods, and informational asymmetry. This masterful analysis examines all four reasons for market failure in depth. Litigation costs are analogous to transaction costs. If legal principles and rules are clearly and precisely defined by the Supreme Court when they are first appealed, litigation and its costs should be minimized. Conant claims that if legal principles or rules are uncertain because they lack definable standards, the number of legal actions filed and litigation costs will be much greater. This promotes additional litigation challenging the many statutes enacted to remedy asserted market failures in an expanding industrial economy. This work brilliantly addresses the danger to the economy in court rulings seeking to legislate standards of reasonableness.
The Impact of State Economic Regulation of Motor Carriage on Intrastate and Interstate Commerce
Author: Law and Economic Regulation in Transportation
Author: Paul S. DempseyPublisher: Praeger
ISBN:
Category : Business & Economics
Languages : en
Pages : 376
Book Description
Dempsey and Thoms provide an authoritative overview of the development of transportation law in the America in the last century. They trace the development of American transportation (including railroads, pipelines, water transport, motor carriers, and airlines), the origins of economic regulation, the changing role of regulators, and the effects of deregulation. Economic regulations are separated into three areas: policing entry and exit from transportation, efforts to keep rates just, reasonable, and nondiscriminatory, and mergers, consolidations, antitrust, and other issues. The limitation of loss, damage, and other tort suits against carriers by legislation is also considered. Other chapters review government operation of railroads from Amtrak and Conrail to commuter trains and local freight lines, the Railway Labor Act and other labor legislation pertinent to the transportation industry, and the sponsorship of urban mass transit by the federal government.
The Economic Regulation of Business and Industry
Author: Bernard SchwartzPublisher:
ISBN:
Category : Independent regulatory commissions
Languages : en
Pages : 776
Book Description
The Impact of State Economic Regulation of Motor Carriage on Intrastate and Interstate Commerce
Author: Economic Regulation of the Trucking Industry
Author: United States. Congress. Senate. Committee on Commerce, Science, and TransportationPublisher:
ISBN:
Category : Transportation, Automotive
Languages : en
Pages : 516
Book Description
Economic Regulation of the Trucking Industry
Author: United States. Congress. Senate. Committee on Commerce, Science, and TransportationPublisher:
ISBN:
Category : Transportation, Automotive
Languages : en
Pages : 356
Book Description
The Enduring 19th Century Battle for Economic Regulation
Author: Keith T. PooleCases and Materials on Economic Regulation of Business
Author: Thomas D. MorganPublisher:
ISBN:
Category : Trade regulation
Languages : en
Pages : 910
Book Description