That is the title of our most recent work-in-progress, available here on SSRN. Here is an extract from the first draft of our four-page paper: “Martin Shubik [pictured below] introduced the dollar auction game in a short paper published in 1971 in The Journal of Conflict Resolution. In the original version of Shubik’s game, an auctioneer auctions off a dollar bill (or other fixed prize) to the highest bidder. In addition, both the highest bidder and the second-highest bidder must pay their respective bids to the auctioneer. Scholars have discovered real-life ‘dollar auctions’ in a wide variety of settings, including mergers and acquisitions, free agency in sports, arms races and patent races, international conflict, and even romance. To this list of real-world applications of the dollar auction, we would add civil litigation. Although some commentators have remarked in passing on the possible parallels between civil litigation and the dollar auction game, in this paper we explore this potential connection in greater detail.” In our previous work, we have compared litigation to the game of poker (see “The Poker-Litigation Game“); in our dollar auction paper, by contrast, we explain the equivalence between placing a bet and making a bid in the context of civil litigation. (By the way, shout out to William Poundstone, who introduced us to the dollar auction many years ago in his book Prisoner’s Dilemma, pictured below.)
What is the optimal level of liberty?
Our friend and colleague Alex Tabarrok recently wrote this depressing blog post reporting that “freedom in the world is in decline.” But how does one even begin to measure something like “freedom,” and even if one could measure such a thing, what would the optimal level of liberty be? Although we agree in principle with John Stuart Mill (“On Liberty”) that one should not be free to harm others, the harm-principle doesn’t solve the liberty problem (how much or how little liberty is the right amount of liberty); it just raises a new and possibly even more perplexing question: what counts as a “harm”?

image credit: learnliberty.org
Gone fishing …
FYI, we won’t be blogging over the Fourth of July weekend. We’ve decided to declare our independence from the Internet to spend more time with our family and friends …

Chomp, chomp
2016 presidential election forecast
Happy Canada Day! Check out this election forecast from our friends at FiveThirtyEight. Is Nate Silver underestimating Trump’s chances again? Or does Clinton really have this locked up?

Source: FiveThirtyEight
Nested promises
Have you ever noticed the fine print on some merchant receipts? Does this example of an agreement within an agreement (i.e. “I promise to keep my previous promise to pay”) make any logical sense? Does it make the original promise any more solemn or any more legally or morally binding?
Cars are far more dangerous than AR-15s
We understand all the fuss over “gun control,” especially after the recent tragic events in our home city Orlando, Florida, but statistically speaking, my fellow Floridians should worry more about pedestrian safety and the level of texting and driving on our roadways. By way of empirical example, see Table 1 of this 2014 road safety report titled “Dangerous by Design”:
|
Rank |
Metropolitan area |
Total pedestrian deaths (2003–
2012) |
Annual pedestrian deaths per 100,000
(2008– 2012) |
| 1 | Orlando-Kissimmee, FL | 583 | 2.75 |
| 2 | Tampa-St. Petersburg- Clearwater, FL | 874 | 2.97 |
| 3 | Jacksonville, FL | 359 | 2.48 |
| 4 | Miami-Fort Lauderdale-Pompano Beach, FL | 1,539 | 2.58 |
“Abuse Standards Violation”

Credit: Franco Mattes; Eva Mattes
Price effects, virtue effects, and the law
Richard Craswell, a law professor at Stanford, once posed the following question in his paper titled “Promises and Prices”: why do economists and philosophers who study law differ so greatly in the relevance they assign to price effects. Here is an excerpt:
“… when economists evaluate a proposed change in the law, they will usually want to determine just how many buyers would prefer to pay the higher prices … By contrast, philosophers seem to evaluate legal changes without worrying about the effect on prices …”
This question has haunted us ever since we saw Craswell present his paper five years ago at a 2011 symposium on “The Future of Contract Theory” at Suffolk University in Boston. Let’s consider contract law, for example. When should mere promises by legally enforceable, and what remedy, if any, should the law provide for breach of contract? Broadly speaking, an economist might argue that a world with stronger legal remedies will lead to higher contract prices than a world with weaker legal remedies, all other things being equal.
There are several possible replies to Craswell’s point about price effects. For starters, one could point out that the relation between contract law and price effects can be unclear in the real world (cf. Eric Posner). All other things are rarely if ever equal, so price effects could be indeterminate and thus hard to predict ahead of time. Another reply is to emphasize the “virtue effects” of law, not just price effects. Professor Seana Shiffrin, for example, has argued that the rationale of our legal rules must be acceptable to a virtuous moral agent. At a minimum, the law should not erode our moral characters or make it difficult to develop our moral capacities. But putting aside the fact that there can be conflicting virtues, how would we even begin to measure the level of virtue in a given community?
For this post, however, let’s assume that both price effects and virtue effects can be measured with a high probability of precision. If we were to combine the insights of Professors Craswell and Shiffrin into a single analytical framework, every change in law could potentially produce four possible outcomes:

Notice that B is the ideal outcome: a change in law that leads to lower prices and to higher levels of virtue on average or in total (again, assuming we could really predict or measure these things with any degree of accuracy), while C, by contrast, is the worst possible outcome. But what if we had to choose between A and D: between a change in law that led to higher prices and higher levels of virtue and a change in law that led to lower prices and lower levels of virtue? In any case, doesn’t our analysis reveal the bogus nature of the debate between Craswell and Shiffrin, since price and virtue effects are, in fact, impossible to measure in the real world?
30,000 days
Check out this interview with Drew Houston, the CEO of Dropbox. Among other things, Mr Houston notes that the average human lifespan lasts about 30,000 days … so watch less TV, read more, learn and do new things, and make every day count!
Is the EU dead now?
Is European Union starting to fall apart? It looks like parochial voters in England and Wales just outvoted their fellow U.K. citizens in Scotland, Northern Ireland, and Gibraltar to leave the EU. What if the Brexit vote had been held before the Scotland independence referendum of 2014?

Screenshot Credit: BBC





