Law

Are N95 Masks Essential Goods Covered by State Price Gouging Laws?

Law, Regulation / By

Should state laws prohibiting price gouging on essential goods and services apply to individual consumer purchases of N95 masks? The New York state law prohibits unconscionably excessive prices for “consumer goods and services vital and necessary for the health, safety and welfare of consumers.” My question arises because the CDC does not recommend that the …

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Court Says No to Ferc’s Negawatt Payment Rule

2 Comments / Electricity, Energy markets, Law, Regulation / By

Jeremy Jacobs and Hannah Northey at Greenwire report “Appeals court throws out FERC’s demand-response order“: A federal appeals court today threw out a high-profile Federal Energy Regulatory Commission order that provided incentives for electricity users to consume less power, a practice dubbed demand response. In a divided ruling, the U.S. Court of Appeals for the …

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New York Attorney General Grapples to Regulate New Web-based Businesses in Old Ways

1 Comment / Economics, Law, Regulation / By

The New York Attorney General (AG) had an op-ed in the New York Times presenting a curious mix of resistance to change, insistence on regulating new things in old way, acknowledgement that web-based businesses create some value and regulators can’t always enforce rules intelligently, and sprinkled now and again with the barely disguised threat that regulators will not …

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Price Gouging-moral Insights from Economics

1 Comment / Economics, Law, Politics, Regulation / By

Dwight Lee in the current issue of Regulation magazine offers “The Two Moralities of Outlawing Price Gouging.” In the article Lee endorsed economists’ traditional arguments against laws prohibiting price gouging, but argued efficiency claims aren’t persuasive to most people as they fail to address the moral issues raised surrounding treatment of victims of disasters. Lee wrote, “Economists’ best hope …

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Icle Letter to Gov. Christie Opposing Direct Vehicle Distribution Ban: Over 70 Economists and Law Professors

1 Comment / Economics, Law, Politics, Regulation / By

Geoff Manne of the International Center for Law and Economics has spearheaded a detailed, thorough, analytical letter to New Jersey Governor Christie examining the state’s ban on direct vehicle distribution and why it is bad for consumers. Geoff summarizes the argument in a post today at Truth on the Market: Earlier this month New Jersey …

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Discrimination in West Virginia Price Gouging Case?

2 Comments / Economics, Law, Politics / By

Are West Virginia “outsiders” more likely to be accused of price gouging? From the March 8, 2014, Charleston Gazette, “Morrisey accused of discrimination in price gouging response“: CHARLESTON, W.Va. –A Putnam County storeowner accused of price gouging bottled water during the water crisis says Attorney General Patrick Morrisey discriminated against him because he is Lebanese, …

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Anti-price Gouging Laws Can Increase Economic Welfare

3 Comments / Economics, Law, Regulation / By

An article by Robert Fleck of Clemson, forthcoming in the International Review of Law and Economics, presented a theoretical case that price gouging restrictions can be value-enhancing under certain conditions. I was skeptical, but Fleck is careful in building his case. The key qualifier above is under certain conditions. In “Can Prohibitions on ‘Price Gouging’ …

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Public Choice Theory: Skwire’s First Law

5 Comments / Economics, Law, Liberty, Politics / By

Some time last spring, my friend and occasional KP contributor Sarah Skwire formulated on Facebook what’s now dubbed “Skwire’s First Law”, and we’ve been using it, kicking its tires, and discussing it all summer. In a timely manner (given what we’ve learned this summer about widespread, unwarranted government surveillance and the impending likelihood that yet …

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