Constitutional Law and Economics

For fifty years, economics has provided an insightful and influential perspective on private law, including contracts, property, and torts. In recent years, scholars have begun applying economics to constitutional law, and this course introduces that work. Students will analyze fundamental constitutional processes, including bargaining, voting, and delegating, as well as legal institutions like courts and administrative agencies. Throughout the course we will consider the incentive effects of legal rules and institutional designs and evaluate their implications for efficiency (the size of the pie) and distribution (who gets the big slice, who gets the little one). Our discussions will illuminate familiar and important legal topics, such as the Chevron doctrine, separation of powers, precedent, federalism, and political speech. No previous knowledge of economics is presumed or required.