Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.

Provides a formal theory of nonmarket failure, analyzing such problems as redundant costs, monopoly, frequency of unanticipated externalities, and bureaucracy in such nonmarket institutions as foundations, universities, and government. A theory of market failures is well established in economics, but the same has not been true for the study of nonmarket failures. Markets or Governments remedies this situation by providing a formal theory of nonmarket failure, analyzing such problems as redundant costs, monopoly, frequency of unanticipated externalities, and bureaucracy in such nonmarket institutions as foundations, universities, and government. This new edition updates the data and results contained in the first edition and includes references and applications of the theory to the ongoing process of system transformation in Russia, Ukraine, and Eastern Europe. The discussion of earlier literature that is relevant to the theory of nonmarket failure has been expanded.

In today’s Europe, deep cracks are showing in the system of political cooperation that was designed to prevent the geopolitical catastrophes that ravaged the continent in the first half of the twentieth century. Europeans are haunted, once again, by the specters of nationalism, fascism, and economic protectionism. Instead of sounding the alarm, many conservatives have become cheerleaders for the demise of the European Union (EU). This compelling book represents the first systematic attempt to justify the European project from a free-market, conservative viewpoint. Although many of their criticisms are justified, Dalibor Rohac contends that Euroskeptics are playing a dangerous game. Their rejection of European integration places them in the unsavory company of nationalists, left-wing radicals, and Putin apologists. Their defense of the nation-state against Brussels, furthermore, is ahistorical. He convincingly shows that the flourishing of democracy and free markets in Europe has gone hand in hand with the integration project. Europe’s pre-EU past, in contrast, was marked by a series of geopolitical calamities. When British voters make their decision in June, they should remember that while Brexit would not be a political or economic disaster for the United Kingdom, it would not solve any of the problems that the “Leavers” associate with EU membership. Worse yet, its departure from the European Union would strengthen the centrifugal forces that are already undermining Europe's ability to solve the multitude of political, economic, and security challenges plaguing the continent today. Instead of advocating for the end of the EU, Rohac argues that conservatives must come to the rescue of the integration project by helping to reduce the EU’s democratic deficit and turning it into an engine of economic dynamism and prosperity. For the author’s video on Brexit, see https://www.youtube.com/watch?v=cFReUnO05Fo

This comprehensive Handbook examines public policy evaluation in democracies. Focusing on the political dimension of the evaluation process, it argues that policy evaluation can be an emancipatory tool, reducing social inequalities and exclusion, and offers novel suggestions on how evaluations can be used to improve democratic policymaking.

This 2002 book demonstrates how property law and rights shift and cycle in the US.