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This book brings together for the first time the emerging literature that employs economics to analyze the implications of constitutional protections of individual rights and freedoms, including freedom of speech and of the press, the right to bear arms, the right against unreasonable search, the right against self-incrimination, the right to trial by jury, and the right against cruel or unusual punishment.
Several of the papers included in the book employ economic theory to analyze the efficiency of policies related to the constitutional protections, and others formulate empirical models to estimate the effects of these policies on observable outcomes. Many of the results are immediately relevant to current debate and policy-making. Contributors include Sendhil Mullainathan, Albert Breton and Daniel Seidmann.
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List of figures ix
List of tables x
Acknowledgements xiii
1 Introduction 1
HUGO M. MIALON AND PAUL H. RUBIN
2 The economics of the First Amendment: the market for goods
and the market for ideas 6
R. H. COASE
3 An economic analysis of the law of false advertising 22
ELLEN R. JORDAN AND PAUL H. RUBIN
4 Freedom of speech vs. efficient regulation in markets for ideas 31
ALBERT BRETON AND RONALD WINTROBE
5 A free press is bad news for corruption 49
AYMO BRUNETTI AND BEATRICE WEDER
6 The market for news 73
SENDHIL MULLAINATHAN AND ANDREI SHLEIFER
7 The impact of gun laws: a model of crime and self-defense 87
HUGO M. MIALON AND THOMAS WISEMAN
8 Crime, deterrence, and right-to-carry concealed handguns 107
JOHN R. LOTT, JR., AND DAVID B. MUSTARD
9 The effect of concealed handgun laws on crime: beyond the
dummy variables 129
HASHEM DEZHBAKHSH AND PAUL H. RUBIN
10 Effects of criminal procedure on crime rates: mapping out the
consequences of the exclusionary rule 222
RAYMOND A. ATKINS AND PAUL H. RUBIN
11 An economic theory of the Fifth Amendment 248
HUGO M. MIALON
12 The effects of a right to silence 271
DANIEL J. SEIDMANN
13 Noisy juries and the choice of trial mode in a sequential
signalling game: theory and evidence 303
GERALD D. GAY, MARTIN F. GRACE, JAYANT R. KALE AND
THOMAS H. NOE
14 Runaway judges? Selection effects and the jury 328
ERIC HELLAND AND ALEXANDER TABARROK
15 Reasonable doubt and the optimal magnitude of fines:
should the penalty fit the crime? 355
JAMES ANDREONI
16 The deterrent effect of capital punishment:
a question of life and death 370
ISAAC EHRLICH
17 Does capital punishment have a deterrent effect?
New evidence from postmoratorium panel data 398
HASHEM DEZHBAKHSH, PAUL H. RUBIN AND JOANNA M. SHEPHERD
Index 427
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