Information Asymmetries and the Rights to Exclude - A Strahilevitz Podcast

On Tuesday, January 24, 2006, Lior Strahilevitz, Assistant Professor of Law, presented the 2006 Ronald Coase Lecture in Law and Economics. The Coase Lecture is given annually in honor of Ronald Coase, faculty member at the University of Chicago Law School since 1964 and winner of the 1991 Nobel Prize in Economics. Professor Coase is considered one of the fathers of law and economics and a great teacher, so this lecture in his honor is given annually by a member of our faculty and geared towards a first year law student's level of understanding of the discipline. Lior gave a very interesting lecture on the topic of "Information Asymmetries and the Rights to Exclude." If you'd like to learn more about what this esoteric title has to do with Ted Williams, the 1951 Giants, and big beefy bouncers named Dmitri, you'll want to listen in here.

You'll hear Lior mention the poster for the lecture, so you can see it here: Download coase_poster_final.pdf. And if you'd like to read the paper the lecture is based on, you'll find it here. And so you know, the first voice you'll hear is Dan Fischel, who, as last year's Coase Lecturer, had the pleasure of introducing Lior.

As always, instructions for listening and subscribing, should you need them, are available here.

Comments

[Mike Giamo]

This is a nice blog!

[AJTALL]

Lior,

I really enjoyed listening to your talk on my MP3 player. Your examples of exclusionary behavior - the 3 types you identified - seemed obvious once you explained them. Where I live many contractors include the Christian "fish" symbol on their business cards. This may be an example of "inclusionary" conduct in hopes of gaining business from others. How would that fit into your examples or would it?

Also, you didn't seem to fully answer Professor Fischel's question about the confederate flags in the clubhouse. He asked if the owner would have some defense to a charge of discrimination. Perhaps, he was alluding to a first amendment right of free speech or some taking.

Anyway, it was a great talk. I learned quite a bit. Thanks.

AJ

[Lior]

AJ,

I didn't hear Dan's question to be asking that, but it's entirely possible I misheard him. So here's what I'd say.

First Amendment defenses to the FHA's anti-advertising provisions have not fared well. Dan's hypothetical didn't involve an advertisement, so you would have to decide whether those precedents ought to be extended to cover design choices. That strikes me as a reasonable extension of existing precedents.

More broadly, one point I make in the paper linked above, but didn't have time to cover in the talk, is that I think the court is wrong to treat vibes as protected speech, and would be better served conceptualizing them as property rights. In that light, I think courts ought to ask whether government limitations on private owners' vibes amount to Takings, not whether they would violate the First Amendment. That is a normative argument, however, not a descriptive one.

[AJTALL]

Lior,

Thanks for the response. It is a real privilege to have any kind of discussion with you. I have no affiliation with Chicago whatsoever, but I doubt any other school has such a distinguished faculty. As an aside, I can't believe you're still an "assistant" professor. You've published more "scholarly" papers than most full law professors will in their lifetimes. You're the Saul Levmore of your generation. I look forward to hearing more of your talks.

[Hello]

hi
[url=http://www.wowpower-leveling.com]world of warcraft Powerleveling
[/url]. wowpower-leveling.com is an Expert Online
[url=http://www.wowpower-leveling.com]world of warcraft Power leveling[/url]
[url=http://www.wowpower-leveling.com]wow Powerleveling
[/url] Site, dedicated in providing customers with fun in the professional service of
[url=http://www.wowpower-leveling.com]wow Power leveling
[/url]. Excellent Service, Super wow power leveling.
[url=http://www.needrsgold.com]runescape gold[/url]
[url=http://www.needrsgold.com]rs gold[/url]
[url=http://www.needrsgold.com]rs2 gold[/url]
[url=http://www.needrsgold.com]runescape money[/url]