Midterm

 

(You may, but need not, leave any complete question or questions blank and receive 20% credit)

 

I. Briefly explain the idea of rent seeking.  [3]                                                                (10 points)

 

Spending resources transferring value from someone else to oneself.

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A. Give two examples, with no more than a sentence or two of explanation for each. [4]

 

Burglary--the benefit to the burglar is at the expense of the victim, and the burglar spends time and effort burgling.

 

Lobbying for government policies that favor your interest group at the expense of others.

 

B. Why is rent seeking undesirable? [3]

 

The gain is cancelled by the other partyÕs loss, and the resources spent on creating (or preventing!) a transfer are a net loss.

 

II. Externalities                                                                                                                                (15 points)

A. What is an external cost?

 

A cost due to one personÕs action that is born by someone else. [Could expand this to distinguish costs born by others but only with their consent]

 

B. Why are external costs a problem?

 

Because the actor does not take them into account in making his decisions. He takes acts where the net benefit to him is positive, but since he is not including the external costs, some may be acts where the net benefit to all concerned is negative.

 

Some students seem to think that the problem is that the actor doesnÕt know about the external costs. But even if he knows, he still ignores them, since they are not costs to him.

 

C. What is the Pigouvian approach to dealing with externalities? What are its advantages over direct regulation?

 

The Pigouvian approach is to charge the actor the amount of the external cost he imposes. Unlike direct regulation, this takes advantage of the private information of the actor as to ways of reducing the externality and their costs. If he can reduce it at a cost less than damage done it is in his interest to do so, if not not. The regulator must be able to measure the damage but does not have to know how, or if, it can or should be reduced.

 

D. Give an example of a situation where applying the Pigouvian approach makes the outcome less efficient than doing nothing.

 

My factoryÕs air pollution does $100,000 a year of damage to people living downwind of me. I could eliminate it at a cost of $80,000/year, and will if charged an effluent fee of $100,000/year. But the people living downwind from me could move, converting their land to a use not affected by pollution, at a cost of $60,000/year, and would if there were no effluent fee. [This assumes that transaction costs make it impractical for me to buy them out and then point out to the regulator that there is no longer anyone living downwind, hence no damage to fine me for.] Lot of other examples are possible, of course.

 

Mistakes: Thinking that the advantage of Pigouvian tax is that the company can keep polluting.

 

III. Coase                                                                                                                                            (10 points)

A. Sketch a Coaseian approach to designing legal rules.

 

Consider possible rules (who has the right to do what, property right vs liability right, É), possible outcomes (who ends up doing what), and how you would get from each rule to each outcome. Choose the rule that minimizes the combined cost of getting to the efficient outcome plus the cost of inefficiencies due to not getting to the efficient outcome, given your estimate of how likely it is for each outcome to be the efficient one.

 

Mistake: Answering a different question--explaining CoaseÕs view of externalities, not its implications for designing legal rules.

 

B. Give one example of a situation where the move to an efficient outcome is blocked by a transaction cost.

 

Factories are allowed to pollute. The efficient outcome is for them not to--the cost of their preventing the pollution is less than the damage done  or the cost of the victims preventing it. But the victims canÕt arrange to pay the factories to stop polluting because of the public good problem faced by the (many) victims in collecting the money.

 

IV. Risk. Briefly explain two of the following ideas, giving one example of its relevance either to designing an insurance contract or to choosing a legal rule.                                                                                                                   (10 points)

1. Risk aversion

 

Due to declining marginal utility of income, an individual prefers a certain outcome to an uncertain outcome with the same expected value.

 

This provides a reason to choose an ex ante punishment with a high probability of a low fine to an ex post punishment with a low probability of a high fine.

 

2. Moral Hazard

 

Insurance transfers at least part of the cost of some adverse outcome, such as my factory burning down, to someone else, reducing the cost to me. The result is that I may fail to take some precautions that are worth more than they cost, since I pay the cost and get at most some of the benefit.

 

One implication is that the insurance company may choose to require some precautions, such a an alarm system, as a condition of insurance. Another is that it may offer to insure for only a fraction of the value of the factory (co-insurance), leaving the owner with an incentive to at least take precautions whose benefit is considerably larger than their cost. [One implication is sufficient]

 

3. Adverse Selection

One party to a transaction has information relevant to the terms of the transaction that the other does not have, and cannot believably share it--for instance the seller of a used car who knows its condition. The better the condition of the car, the less likely the seller is to accept any given offer for it, so the average condition of cars sold is lower than that of cars offered for sale—accepting the offer is a signal that the car is in poor condition. Buyers, recognizing that, adjust their offers accordingly. The result is that good cars may not sell, even though they are worth more to the buyer than to the seller.

 

One implication is that the parties may try to design the contract to put those costs affected by the asymmetric information on the party who has the information, for instance by the seller of the car offering a guarantee. Another is that one may want to avoid legal rules, such as a rule forbidding an insurance company from demanding genetic tests, which created adverse selection. [One implication is sufficient]

 

V. Pick one of the following and explain it:                                                                      (10 points)

 

A. Hawk/Dove equilibrium. How would you calculate the percentage of hawks (bullies) in equilibrium, assuming you knew the payoffs to each interaction (dove meets dove, dove meets hawk, hawk meets hawk). What does this have to do with the question of whether crimes of passion, such as killing someone in a blind rage, can be deterred?

 

The larger the fraction of hawks, the more likely a hawk is to meet another hawk, which is a cost of being a hawk, and the less likely to meet a dove and get the food without fighting, which is a benefit. As long as benefit is larger than cost, the number of hawks increases, so equilibrium is reached when they are equal--when the average payoff to being a hawk is the same as to being a dove. In the human case, this implies that increasing the penalty for crimes of passion, thus increasing the cost of the hawk-hawk interaction, will push down the fraction of hawks--fewer people will commit to an aggressive personality.

 

B. Prisoner's Dilemma: Explain the argument for why the existence of plea bargaining might make criminals worse off. Would the argument still hold if transaction costs among defendants were zero? Explain.

 

[Answer I was looking for] By getting some defendants to cop a plea, the prosecutor frees up resources that let him do a better job of prosecuting those who donÕt, raising the chance of convicting them and thus the risk to those who donÕt cop a plea. The result is that the plea accepted, although more attractive than the result for that defendant of going to trial (which is why he accepts), may be less attractive than what the result of trial would be if all cases went to trial and the prosecutor thus had fewer resources for each. With zero transaction costs, the defendants would all agree not to accept a plea bargain, so the argument would no longer hold.

 

[Alternative legitimate answer] The standard prisonerÕs dilemma can be interpreted as involving plea bargaining. The prosecutor offers each prisoner the choice of going to trial or accepting a lower sentence by pleading guilty and confessing--thus providing evidence against the other prisoner. If neither prisoner confesses, the prosecutor can still convict them of some lesser offense and punish it; if only one confesses, the prosecutor offers him a sentence lower than that but will press for a severe sentence for the other. If both confess, both get a sentence somewhat lower than that imposed on one if only the other confesses. Hence either prisoner is better off confessing, whatever the other one does, making them worse off than if neither confessed. If transaction costs were zero, the two prisoners would agree that neither would confess.

 

Mistake: Some students thought the problem is that each prisoner does not know what the other will do, or does not trust the other to not confess. But if the other is not going to confess, you are better off confessing.

 

C. My neighbor sues me because noise from my factory makes it hard for him to sleep. The court agrees that my factory is a nuisance and must decide whether to award damages or grant injunctive relief—forbid the factory from operating unless it either eliminates the noise or has my permission. Discuss the advantages of each. What circumstances might be relevant to deciding which is preferable?

 

The advantage of damages is that no negotiation is necessary between me and my neighbor--I shut down the factory or install sound insulation if doing so is less than the cost of the damages, which is the efficient choice (provided the court has the damage right). Otherwise I just pay. The advantage of the injunction is that it does not depend on the court getting the damages right. Absent transaction costs, you offer to let me continue making noise if I pay you enough, and I end up shutting down or continuing to operate according to whether the cost of preventing the nuisance to me is less or more than the damage it imposes on you, which is the lowest payment you will accept.

 

So without transaction costs and with a correct court decision we get the same outcome either way. Which is better then depends on the transaction cost and the ability of the court to estimate the damage done by the nuisance. The easier it is for the court to estimate and the harder it is for us to bargain successfully, the more attractive the damages rule.

 

In particular, if the cost to me of shutting down is much larger than the damage I am doing to you, our bargaining is a bilateral monopoly bargain with a very large bargaining range; you can try to hold me up for almost the entire cost of shutting down, while I try to get you to accept a little more than the damage my nuisance does. Such a bargain is likely to have high costs, so a large difference is an argument for liability and against injunction.

 

Mistakes: Some students ignored the possibility of bargaining, and so thought the advantage of damages was that the factory could keep operating, the advantage of injunction was that it would have to shut down or control the noise.  

                                                                                                                                                                                      

VI. Under current law, if I tortiously kill you I owe damages to your heirs. The amount of damages owed is both what your heirs receive, which can be thought of as a sort of insurance, and what I pay, which can be thought of as a penalty for my act.       (10 points)

A.        Is there any reason to expect the optimal amount for the two purposes to be the same? Explain.

No. See Chapter 9, starting on page 98, which is on this subject. 

B.          If not, how might we best achieve the objectives of both insurance and deterrence in a tort system?

Set the fine for tortious loss of life at a level corresponding to the value of the life in question, including its value to the victim—the amount he would pay to reduce his chance of dying by some small probability divided by that probability—plus its value to others. Allow him to adjust the amount his heirs will actually receive to the optimal insurance level by buying or selling insurance—where selling insurance means selling the right to collect part or all of the damages if he is tortiously killed.

 

Mistakes: Almost all students who answered this apparently believe that peopleÕs lives are worthless to themselves—at least, the elements that were proposed to go into value of life were entirely values to other people.

 

Many students missed the fact that the question was about tortious loss of life and treated it as a question about murder; murder is a crime not a tort. They thus argued that the penalty should be set at a level that would deter all such cases. As we will see later, the calculation of the optimal criminal penalty does indeed depend on both how much deterrence you get at different levels and the damage done. But in our discussion so far, damage payments have been treated as Pigouvian taxes, set equal to damage done.

 

Many students seemed to think that the optimal level of insurance was equal to damage done—the level at which the heirs would be indifferent between the victim being alive, and his being dead but their receiving compensation. The explanation of why this is not true starts on page 100, in the context of damages for injury. In the context of loss of life, consider that once the family has been compensated for the financial cost to them, their marginal utility of income will be back at about its previous level. Additional compensation would transfer to them additional money to make up for non-pecuniary costs, pushing the marginal utility of money lower. If they were buying insurance, they would not choose to transfer money from a higher to a lower valued use.