notes November 3 - November 3 2005 Agenda Recap Alternative...

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November 3, 2005 Agenda Recap Alternative Solutions The American Response Is complexity a constraint on the courts or is it empowering? Review Questions Thinking of options… See flow chart in notes. QUanGOs: create a mechanism for representatives to reach upon an agreement and “if we don’t” government will impose a solution that you will not like. So you will want to work something out. Consumption tax: if you want to use the water, then you must pay. Public Auction: auction off the use of water If you own a ski resort and need water to make snow, you will have to buy the rights from, let’s say, private homeowners. How will we save the rainforest? Force Brazil by paying them to preserve the rainforests. Have users buy the rights to use the rainforest. Create rights in the markets. Expert Model: Give problem to experts and they will mediate problem. Blizzard of rules can be highly technical and there can be some slippage. All these standards require large enforcement mechanisms. Huge investment to write all of these rules. Very hard to anticipate all the contingencies of real-life in the set of rules. How can you write rules that include every nuance of real-life? Alternative to having these detailed descriptions? Environmental law is very detailed. Alternative: Have very broad rules and have the experts delegate and interpret the law. They have the power to establish the rules and practices. o “Broad delegation” gives the expert power to delegate efficiency (very much a European way) Expert Model: Rule-Based allows for nimbleness; Discretionary gives power to experts and leaves room for abuse.
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