Privatization and the law and economics of political advocacy.

From: Stanford Law Review | Date: February 1, 2008| Author: Volokh, Alexander | Copyright information

A common argument against privatization is that private providers will self-interestedly lobby to increase the size of their market. In this Article, I evaluate this argument, using, as a case study, the argument against prison privatization based on the possibility that the private prison industry will distort the criminal law by advocating for incarceration.

I conclude that there is at present no particular reason to credit this argument. Even without privatization, actors in the...

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