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Showing papers on "Damages published in 1990"


Book
01 Jan 1990
TL;DR: This book discusses the legal system and how it Works, the status and future of Special Education Law, and other topics related to education and the American Legal System.
Abstract: (Each chapter includes a Summary, Questions for Reflection, and Notes.) Cases in Order of Appearance. Cases Alphabetized. Preface. 1. The Legal System and How it Works. 2. History of Special Education Law. 3. Statutory Provisions: A General Overview. 4. The People. 5. Who is Protected? 6. Identification and Evaluation. 7. Appropriate Education. 8. Mainstreaming and Integration. 9. Related Services. 10. Residential Placements. 11. Placements in Private Schools. 12. Special Problems of Secondary Students. 13. Cost Issues. 14. Due Process Procedures Under the IDEA. 15. Procedures Under Discrimination Laws. 16. Special Education Misconduct. 17. Remedies: Damages, Reimbursement, and Compensatory Education. 18. Attorney's Fees. 19. The Status and Future of Special Education Law. Appendix A: Education and the American Legal System. Appendix B: Frequently Used Acronyms and Terms. Index.

528 citations


Journal ArticleDOI
TL;DR: In this paper, the authors analyze the application of liability to large-scale, long-term hazards, and present an empirical regression analysis of small-firm entry into the U.S. economy between 1967 and 1980, the period in which liability laws were changing.
Abstract: This paper analyzes the application of liability to large-scale, long-term hazards. The key features distinguishing such hazards are the long temporal separation between exposure to a hazard and disease and the large damages when injuries finally emerge. The large scale of damages creates a strong incentive to avoid liability payments, and the long temporal separation creates numerous avenues through which parties can avoid paying possible damage awards. The analysis focuses on the incentive to avoid paying damages by vertically divesting production tasks associated with serious occupational risks. Such divestiture can lower liability costs if the small firm operating the risky stage goes out of business before latent injuries emerge or has insufficient assets to pay damages and declares bankruptcy when suits are filed. The paper then presents an empirical regression analysis of small-firm entry into the U.S. economy between 1967 and 1980, the period in which liability laws were changing. The point estima...

201 citations


Journal ArticleDOI
TL;DR: In this paper, a flexible environmental assurance bonding system designed to incorporate environmental criteria and uncertainty into the market system, and to induce positive environmental technological innovation, is presented, where the burden of proof is shifted from the public to the resource user and a strong economic incentive is provided to research the true costs of environmentally innovative activities and to develop innovative, cost-effective pollution control technologies.

149 citations


Journal ArticleDOI
TL;DR: In this article, a model of litigation and settlement in the presence of frivolous lawsuits is developed, which is defined as suits that have a sufficiently low chance of prevailing at trial that they would not be brought but for the prospect of settlement.

118 citations


Journal ArticleDOI
TL;DR: In this paper, the relative efficiency of rules for imposing liability and apportioning damages among joint tortfeasors is affected by the potential insolvency of some of the actors.
Abstract: IN this article, we study how the relative efficiency of rules for imposing liability and apportioning damages among joint tortfeasors is affected by the potential insolvency of some of the actors.' We focus primarily on the choices between negligence and strict liability and between joint and several liability and nonjoint (several only) liability. This article extends the analysis of our prior study of multiple tortfeasors by relaxing the assumption that all actors are infinitely solvent and are therefore able to satisfy any judgment.2 Like our prior study, this article is motivated in large part by the prob-

76 citations


Journal ArticleDOI
TL;DR: In this article, the authors used insurance premiums charged for the first $160 million of coverage and the Nuclear Regulatory Commission's estimate of the probability of a worst-case loss to model the distribution of damages with a log-logistic density function.
Abstract: Between 1959 and 1982, the Price-Anderson Act placed a limit of $560 million on the liability of nuclear power plant operators for accidental damages This limit grew to $7 billion due to the 1988 amendments to the act This paper using insurance premiums charged for the first $160 million of coverage and the Nuclear Regulatory Commission's estimate of the probability of a worst-case loss, models the distribution of damages with a log-logistic density function The study finds that the value of the Price-Anderson subsidy was $60 million per reactor year before 1982 but then dropped to $22 million per reactor year following the 1988 amendments

56 citations


Journal ArticleDOI
TL;DR: Gillette as mentioned in this paper argued that the structural relationship between the parties provides a rich source of information that enhances our ability to predict the type of contractual terms that the parties would have chosen to govern their affairs when certain remote or unanticipated contingencies occurred.
Abstract: THE relationship between legal rules and the strategies that commercial parties use to deal with risk is among the most important and least understood topics in law and economics. Organizational theorists have generally confined their analyses to the nature of the firm and other permanent relationships.' Academic commercial lawyers, in turn, have been far less venturesome than their corporate colleagues in applying fundamental economic insights. Not surprisingly, therefore, we know very little about the inner workings of most commercial relationships. For these reasons (and more) I applaud efforts to integrate economic insights and legal structures, exemplified by Clay Gillette's imaginative essay on the nature of commercial relationships.2 Gillette makes two independent claims in his article. The first concerns how commercial parties deal with risk. The second concerns how we, as independent observers, can ferret out the strategies that these parties have pursued toward risk in individual cases. His second claim is potentially the more important. Although Gillette is cautious to note the limits of his project, he argues that the structural relationship between the parties provides a rich source of information that enhances our ability to predict the type of contractual terms that the parties would have chosen to govern their affairs when certain remote or unanticipated contingencies

49 citations


Journal ArticleDOI
TL;DR: In this article, a mock juror simulation was conducted in which jurors from El Paso County (Colorado) read one of three versions of a trial manuscript involving an age discrimination claim in which liability was already determined.
Abstract: How do jurors accomplish the task of awarding damages in a civil lawsuit? To what extent are they influenced by expert testimony? These questions were addressed in a mock juror simulation in which jurors from El Paso County (Colorado) read one of three versions of a trial manuscript involving an age discrimination claim in which liability was already determined. They awarded damages and answered follow-up questions. In one version, there was no expert testimony; in a second version, they received plaintiff expert testimony on lost future wages and other economic matters; and in the third version, they received both plaintiff and defense expert testimony. Monetary awards were significantly higher when expert(s) testified. Moreover, jurors were strongly influenced by the expert testimony: Nearly half of them selected a damage award that exactly matched the amounts suggested. Finally, jurors infrequently considered exponential calculations in assessing damages.

39 citations


Journal ArticleDOI
Winand Emons1
TL;DR: In this article, the authors analyze how the activity choices can be decentralized by liability rules that assign the costs to the two parties to an accident, and show that rules which share damages are superior to rules where one party bears the entire accident costs.

36 citations


Posted ContentDOI
TL;DR: In this paper, both travel cost models of recreation demand and hedonic models of housing can produce measures of pollution damages, and double counting is also a relevant issue when access to resources which are valued for their recreational returns are addressed.
Abstract: agency is responsible for reducing pollution in a lake. The pollution causes economic damage because the lake is less attractive for fishing and swimming. Evidence of the influence of pollution can be found through judicious sifting of the prices of houses near the lake and from reduced recreational use of the lake. The administrator of the environmental agency responsible for the lake wants to reduce the pollution in the lake but, cognizant of scarce resources, wants some evidence that the expensive investment in publicly owned treatment works will yield commensurate benefits. Consequently, she contracts with two economists for research on the benefits of environmental improvements. One will study the damages from the perspective of the housing market. The other will study the damages through the demand for recreation. When the environmental administrator receives the estimates of damages from the two economists, should she add them together? This is the basic question explored in this paper. Both travel cost models of recreation demand and hedonic models of housing can produce measures of pollution damages. When applied to the same polluted resources, do travel cost models and hedonic models measure the same damage? This analysis is similar in spirit but much simpler than that of Rosen (1979) and Roback (1982). The latter work examines an equilibrium when the wage and the land price are affected by amenity levels. The use of hedonic models to value access is not new. The spatial equilibrium model of a city can be viewed as a predecessor of the hedonic price model. In this model, formalized by Alonso (1964), the land rent gradient represents a tradeoff between commuting time and space. In the hedonic context, Nelson (1977) shows how the demand for commuting time and the price of housing interact to influence housing prices. Accessibility in some form, as a proxy for travel time, is a popular attribute of houses in hedonic models. The issue addressed in this paper has relevance for litigation and for policy. It arises in cases of CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) concerned with the recovery of natural resource damages. Freeman (1987) describes a case where a hazardous substance released into New Bedford harbor apparently had an impact on the housing market near the harbor and on the recreational use of the harbor. This impact was studied with both a hedonic model and a travel cost model. Double counting is also a relevant issue when access to resources which are valued for their recreational returns are addressed in a hedonic framework.

32 citations


Journal ArticleDOI
TL;DR: In this article, the authors consider the problem of determining the amount of conipensatory damages to compensate the victim for the time value of money between the injury and the award in a civil case.
Abstract: The trial on liability is over, and the plaintiff has won. Now the question of the amount of damages arises. There is more than one standard that can be used here. For example, one might award damages to punish the defendant or to deter other prospective offenders. A commonly used standard in civil cases, however, is that of making the plaintiff “whole” in the sense of exact compensation-placing him, her, or it in the position that would have been occupied had the violation not taken place. Even where additional damages are to be awarded (trebling in antitrust cases, for example, or punitive damages generally), the trier of fact is often called upon to calculate the amount of conipensatory damages. Some questions arise as to how this should be done-questions not only difficult in practice but interesting in principle. Most (not all) of these stem from the fact that trials take time, so the damage award will be made long after the violation that caused the damages. In particular, to what extent should the defendant be compensated for the time value of money between the injury and the award?‘ In deciding on the award, should the trier of fact use the benefit of hindsight? This paper considers these and related issues.’

Journal ArticleDOI
TL;DR: This paper found that subjects who read that the act was done intentionally inflated their estimation of the damage done by that action (as compared to an identical, but unintentional, action) and this effect was serendipitously discovered in one study and conceptually replicated with different populations and different experimental designs in two subsequent studies.
Abstract: Subjects judged the damages caused by an act that was done intentionally, negligently or accidentally. Although the damages caused by the act were described in an identical way, subjects who read that the act was done intentionally inflated their estimation of the damage done by that action (as compared to an identical, but unintentional, action). This effect was serendipitously discovered in one study and conceptually replicated with different populations and different experimental designs in two subsequent studies. The experimental designs made certain explanations for the results less plausible, and the discussion assesses other possible explanations for the effect.

Book
01 Jan 1990
TL;DR: The role of the financial expert in alternative dispute resolution is discussed in this article, where the authors present a case study of the role of financial experts in alternative Dispute Resolution in the legal environment.
Abstract: Preface. About the Editors. About the Contributors. THE LITIGATION ENVIRONMENT. The Role of the Financial Expert in Litigation Services (P. Frank, et al.). The Federal Law Governing Expert Witness Testimony (C. Gerdts and C. Dixon). Interaction between Accountants and Economists (E. Evans). Roles and Techniques of a Financial Expert in Alternative Dispute Resolution (A. Cummis, et al.). DAMAGES TECHNIQUES. Estimating Lost Profits and Economic Losses (V. Lazear). Calculating Lost Profits Damages to New Businesses (T. Lloyd and R. Young). Cost Estimation (J. Kinrich). Estimating the Cost of Capital (L. Boothman). Interest as Damages (J. Phillips and N. Freeman). Business Valuation (O. Lokey, et al.). Calculation of Lost Earnings (K. Ugone, et al.). Punitive Damages (P. Frank, et al.). Punitive Damages: An Economic Analysis (A. Polinsky and S. Shavell). Tax Treatment of Damages Awards (M. Erickson and J. Smith). LITIGATION TOOLS. Communicating with a Jury (D. Davis and R. Laguzza). Data Management and Analysis in the Litigation Environment: Litigation Analysis Databases (M. Eaton). CIVIL LITIGATION: SECURITIES LITIGATION. Securities Act Violations: Estimation of Damages (N. Crew, et al.). Derivatives in Securities Class Actions (S. Usher). Materiality and Magnitude: Event Studies in the Courtroom (D. Tabak and F. Dunbar). Shareholder Litigation Against Boards of Directors (S. Prowse and L. Ranallo). INTELLECTUAL PROPERTY. Damages Issues of Trademark, Trade Secret, False Advertising, and Copyright Cases (C. Elsten). Calculating Damages in Copyright Infringement Matters (T. Lloyd). Economic Analysis of Intellectual Property Rights (E. Evans, et al.). Patent Infringement Damages (P. Frank, et al.). Royalty Audits (E. Schmidt). ANTITRUST/BUSINESS COMBINATIONS. Antitrust (A. Hoffman and M. Palim). Mergers, Acquisitions, and Divestitures: The Nature of Disputes and the Role of the Financial Expert (M. Haller, et al.). BANKRUPTCY. The Troubled Business and Bankruptcy (G. Newton). Bankruptcy Litigation (F. Conrad and D. DiNapoli). CONSTRUCTION AND ENVIRONMENTAL DISPUTES. Litigation Consulting: Construction Claims (D. Regan and C. Johns). The Financial Consultant's Role in Environmental Disputes (A. Lilienfeld, et al.). The Financial Consultant's Role in the Proof of Environmental Damages (T. Kabat, et al.). OTHER CIVIL LITIGATION. Accountant's Liability (H. Kelly and M. Young). Business Interruption Claims (J. Anastasi and E. Westerman). Claims and Disputes Involving U.S. Government Contracts (E. Harry and B. Evans). Estimating Damages Associated with Federally Insured Banks (J. Barth, et al.). International Trade Litigation (M. Emmert, et al.). Alter Ego (M. Wagner and B. Goldsmith). Employment Discrimination Litigation (A. Saad). FAMILY LAW, MARITAL DISSOLUTION CASES. Valuation and Division of Marital Property (D. Glenn). Child and Spousal Support Awards (J. Zante and S. Rose). Marital Dissolution: Professional Goodwill and Related Intangibles (V. Levi). Marital Dissolution: Tracing and Apportionment of Assets (D. Gursey and D. Glenn). Marital Dissolution: Tax Considerations (D. Gursey and R. Purzycki). CRIMINAL CASES. The Internal Corporate Investigation (J. Frank and M. Carey). Tax Fraud Cases (M. Taylor and H. Sheppard). Glossary. Index. Case Index.

Journal ArticleDOI
TL;DR: In this article, the economic damages imposed on small rural communities when groundwater becomes contaminated are estimated for communities typical of rural Michigan with a population of less than 5,000 people and an average household income of $40 to $330 per household.
Abstract: Procedures are developed for estimating the economic damages imposed on small rural communities when groundwater becomes contaminated. Net economic damages are the sum of producer and consumer surplus. In the case of nitrate contamination, annual damages for communities typical of rural Michigan range from $40 to $330 per household. Damage levels within this range depend on nitrate level, average household income, community size, climatic characteristics, and the selected treatment alternative.

Journal ArticleDOI
TL;DR: The Environmental Protection Agency estimated that private industry spent $64 billion in 1988 to prevent or clean up pollution, and federal, state, and local governments spent an additional $31 billion The expenses of pollution control have steadily increased since the early 1970s The soon-to-bepassed reauthorization of the Clean Air Act will probably add another $10-$20 billion in annual economic cost as discussed by the authors.

Journal ArticleDOI
TL;DR: In this paper, the authors explore the rationale for this approach, the economic literature with respect to its pertinence, and the size of the awards levels likely to result under this damages regime.
Abstract: A frequent target of liability reform efforts has been to attempt to constrain the awards in some manner because of a belief that award levels are excessive. Although there have been few criticisms of the approach to calculating economic losses, which has changedv ery little, the determination of non-economic losses has come under considerable fire. This criticism has arisen not necessarily because of any demonstrable faults with pain and suffering awards, but rather from the fact that there are no clear criteria for determining the level of pain and suffering compensation. As a result, there is no formal justification for the award levels that are provided. Moreover, there is considerable uncertainty as to what the actual outcome will be with respect to pain and suffering and other non-pecuniary components. Although the rise in award levels has led to considerable pressure for constraints on the awards levels, the developments in tort liability may be in the opposite direction. In recent years there has been considerable discussion of a "hedonic" damages concept in which individuals would be compensated for the loss in their enjoyment of life. If adoption of this damages concept becomes prevalent, the level of damages could easily increase by a factor of 10 -- an effect that would dwarf the recent increases in damages levels. In this paper I will explore the rationale for this approach, the economic literature with respect to its pertinence, and the size of the awards levels likely to result under this damages regime.

Journal ArticleDOI
TL;DR: The purpose of this article is to look at the effect of the federal compensation scheme under the National Childhood Vaccine Injury Act on the people and institutions involved in the administration of vaccinations.

Journal ArticleDOI
TL;DR: In this article, the authors set forth a framework for detemiining the present value of a plaintiff's damage award and identified some indirect opportunity losses that a plaintiff may suffer because of a defendant's wrongful act.
Abstract: The dramatic increase in commercial litigation in recent years has focused attention on the measurement of damages, if any, to be awarded to plaintiffs. A review of judgments awarded by the courts reveals a hodgepodge of approaches and theories on which awards have been rendered. A striking aspect of the judgments is their lack of consistency in applying basic principles of economics and finance.' This article sets forth a framework for detemiining the present value of a plaintiff's damage award. Additionally, the article identifies some indirect opportunity losses that a plaintiff may suffer because of a dcfendant's wrongful act.

Journal ArticleDOI
TL;DR: The full performance compensation principle is a cardinal rule of contract law as discussed by the authors, which requires that the injured party should be placed in the position she would have occupied had the contract been performed.
Abstract: An old and cardinal rule of contract law requires that expectancy damages for breach of contract put the injured party in the position she would have occupied had the contract been performed.' Courts and commentators have accepted this full performance compensation principle as the central objective of the expectancy remedy, pursuant to which they have developed many more precise formulas for various types of cases. 2 But the simplicity of the full performance principle disguises substantial problems in its application. One of the least recognized of these problems is the tendency of courts and commentators to determine the contractual expectancy ex post (from circumstances that exist at the time for performance) rather than ex ante (from economic opportunities fixed at the moment of contract). Consider the choice between market damages and lost profits in breached contracts for the sale of goods traded in well-developed markets.3 Where a contract calls for delivery of goods traded

Journal ArticleDOI
TL;DR: The authors examined how the possibility of international conflict affects the incentives of politicians to implement growth-improving domestic economic policies and found that the existence of a conflict-prone world order may strengthen the incentive for growth-promoting economic policies to the extent that public officials value international victories.
Abstract: The economic effects of international conflict and war have been the subject of much debate. Critics of militarism frequently cite the costs of wars and armaments; Reston (1988), for instance, notes that the United States and the Soviet Union together spend over $1.5 billion a day on military defense. In addition, wars have taken millions of lives, while the potential of war can militarize societies and produce feelings of regimentation and nationalism that many find repugnant.' In contrast to these issues, I wish to examine how the possibility of international conflict affects the incentives of politicians to implement growthimproving domestic economic policies. A country's success in international conflict is usually closely related to its economic power - a large revenue base and strong economy create economic power and enable high levels of military spending. The existence of a conflict-prone world order may thus strengthen the incentive for growth-promoting economic policies to the extent that public officials value international victories. Although conflict itself is a negative sum game, the results induced by the potential for conflict may yield benefits for the public. This essay is thus an exercise in the tradition of Bernard Mandeville (1962) [1734], who emphasized the theme of "private vices, public benefits." 2. Incentive effects and conflict For politicians under democratic regimes, international victories may increase the probability of reelection or strengthen a politician's mandate. Capturing rents from other countries usually boosts a politician's standing in the public opinion polls. Conversely, losing international conflicts usually damages a

01 Jan 1990
TL;DR: In this article, a mock juror simulation was conducted in which jurors from El Paso County (Colorado) read one of three versions of a trial manuscript involving an age discrimination claim in which liability was already determined.
Abstract: How do jurors accomplish the task of awarding damages in a civil lawsuit? To what extent are they influenced by expert testimony? These questions were addressed in a mock juror simulation in which jurors from El Paso County (Colorado) read one of three versions of a trial manuscript involving an age discrimination claim in which liability was already determined. They awarded damages and answered follow-up questions. In one version, there was no expert testimony; in a second version, they received plaintiff expert testimony on lost future wages and other economic matters; and in the third version, they received both plaintiff and defense expert testimony. Monetary awards were significantly higher when expert(s) testified. Moreover, jurors were strongly influenced by the expert testimony: Nearly half of them selected a damage award that exactly matched the amounts suggested. Finally, jurors infrequently considered exponential calculations in assessing damages.


Posted Content
01 Jan 1990
TL;DR: This article developed a stylized general equilibrium model of the United States economy to empirically study whether success in addressing the former issue is consistent with the achievement of the latter, and showed that the level of agricultural surface water damages are indeed quite sensitive to policy reform.
Abstract: Both policy reform and environmental quality portend to be major agricultural issues in this decade. We develop a stylized general equilibrium model of the United States economy to empirically study whether success in addressing the former issue is consistent with the achievement of the latter. Policy experiments show that the level of agricultural surface water damages are indeed quite sensitive to policy reform--providing the greatest environmental benefits when land and fertilizers are highly substitutable. These results suggest that policy reform may in the long run provide an inexpensive partial answer to the environmental problem associated with agricultural production.

Book
01 Jan 1990
TL;DR: This chapter discusses Bills of Lading and Bankers' Documentary Credits, documents used in International Trade, and banks' Duties to Accept or Reject Presentation.
Abstract: Chapter 1. Introduction to Bills of Lading and Bankers' Documentary Credits Chapter 2. The Documentary Credit in General Terms Chapter 3. Documents Used in International Trade Chapter 4. The Contract of Sale Chapter 5. The Documents as Security I: Lost, Damages or Mis-described Goods Chapter 6. The Documents As Security II: Property Chapter 7. The Documents As Security III: Possession Chapter 8. Documentation and the UCP Chapter 9. Banks' Duties to Accept or Reject Presentation Chapter 10. Conclusion

Journal ArticleDOI
TL;DR: In this paper, a room reservation is effectively a contract, and both innkeeper and guest should do what they've promised. But when one fails to perform, how can the other recover damages?
Abstract: A room reservation is effectively a contract, and both innkeeper and guest should do what they've promised. But when one fails to perform, how can the other recover damages? It's so hard to do that most people and most hotels don't even try


Journal ArticleDOI
TL;DR: This paper reviews the legal principles involved in tort litigation and covers the evolution of case law regarding recovery of damages for psychic trauma and concepts of zone of danger, foreseeability, and proximate cause are discussed.
Abstract: This paper reviews the legal principles involved in tort litigation and covers the evolution of case law regarding recovery of damages for psychic trauma. Concepts of zone of danger, foreseeability, and proximate cause are discussed. Issues for both plaintiff and expert witness are discussed. Case examples are provided, and recommendations are made regarding the child psychiatrist's involvement in these cases. J. Am. Acad. Child Adolesc. Psychiatry , 1990, 29, 6:963–968.


Journal ArticleDOI
TL;DR: The use of so-called hedonic damages testimony to value intangible losses in a litigation setting has been widely accepted in the field of economics for over two decades, despite an occasional critic now and then as discussed by the authors.
Abstract: There is considerable controversy in the legal press regarding the use of so-called hedonic damages testimonyt to value intangible losses in a litigation setting. The controversy involves the term applied to such damages, their measurement, and their admissibility. Companion papers to this article address the issue of measurement. The underlying measurement techniques have been well-accepted in the field of economics for over two decades, despite an occasional critic now and then. The purpose of this paper is to present what is known about the state of the art regarding the use of such testimony in court by expert witnesses. This paper discusses the origin of the testimony, the frameworkfo r its use in a courtroom, the scope of application, and the admissibility. Some economists and attorneys have lamented my initial use of the term "hedonic damages" to refer to the value of the enjoyment of life beyond the humanc apital value. In a cogent discussion of the subject of life valuation Miller (1989) argues for an alternative: wholel ife costs versus non-monetaryli fe costs. I concur with his arguments, yet my original term has been widely adopted and seems likely to stick. Thus, I continue with its use here.

Posted Content
TL;DR: Coase as mentioned in this paper showed that if the property rights were clearly defined and transactions costs were negligible, the same allocation would result whether the rancher paid the farmer for damages or the farmer paid the cattle to reduce damages.
Abstract: In a famous example, Coase (1960) discussed the negotiations that would take place between a farmer and a rancher when the cattle destroyed part the crops. Coase showed that if the property rights were clearly defined and transactions costs were negligible, the same allocation would result whether the rancher paid the farmer for damages or the farmer paid the rancher to reduce damages. This insight naturally raised a question about whether a similar symmetry existed when public intervention was used because transactions costs prevented private negotiations. Could the same results be achieved with taxes' on the release of pollution and subsidies for pollution abatement? This is an important question since distributional goals, political power, or historical rights might make one or the other of the policies more desirable, if they were identical from an efficiency standpoint. It has been shown in several articles that