Richard Posner’s Law and Economics in Action

Richard Posner is a major force in the law and economics movement, which attempts to apply the methods of economics to the analysis of laws and regulations. He is also a judge on the Seventh Circuit Court of Appeals, which gives him the means to impose his ideas on the real world. I’m not quite sure what the “methods” of economics are, and certainly there is little in real world outcomes to show the value of economics. Still, Posner soldiers on. This is from his 1985 article in the Columbia Law Review, An Economic Theory of the Criminal Law:

My analysis can be summarized in the following propositions:
1. The major function of criminal law in a capitalist society is to prevent people from bypassing the system of voluntary, compensated exchange-the “market,” explicit or implicit-in situations where, because transaction costs are low, the market is a more efficient method of allocating resources than forced exchange. Market bypassing in such situations is inefficient — in the sense in which economists equate efficiency with wealth maximization — no matter how much utility it may confer on the offender. … (P. 1195, footnote omitted)

Posner really is using the “methods” of economics to explain criminal law. There is a market for something, and criminal law can be understood as the coercive methods used to ensure participation in those markets, says Posner. I leave it to the reader to apply that idea to rape and arson.

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New Research Continues To Diminish The Right-Wing Media's Voter ID Argument

New research is adding to the growing body of evidence that voter ID laws not only suppress the right to vote, but that they disproportionately target minority voters. The study is the latest in a series of reports that have been ignored by the right-wing media as they continue to support the laws as a solution to a largely non-existent voter fraud problem.

The right-wing media has routinely ignored or downplayed the evidence that voter ID laws disenfranchise eligible voters. Recently, Fox News hosted conservative columnist John Fund to promote the laws. During the segment, Fund downplayed the effect they could have on restricting voting rights, claiming there is "no chance that someone will be denied the right to vote because they don't have an ID in Pennsylvania." Fox has attacked the Department of Justice for investigating discrimination in voter ID laws. Fox & Friends host Steve Doocy even highlighted a flawed report that purported to claim that minorities would be protected by voter ID laws. But contrary to the right-wing media's portrayal of the laws, evidence continues to mount showing that the laws would not only suppress the right to vote, they would in fact primarily target minority voters.

A September 12 Associated Press piece featured evidence from a study conducted by Cathy Cohen of the University of Chicago and Jon Rogowski of Washington University in St. Louis, which found that as a result of new voter ID laws, "as many as 700,000 minority voters under 30 may be unable to cast a ballot in November." The study pointed to more stringent laws passed by 17 states in the past election cycle that would make it more difficult to vote without government issued identification.

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