Recent PostsCTN Issue: December 2016 Thomas Hazlett & Michael Honig, The Price of Freedom: How to Charge for Spectrum as WiFi and Cellular Collide IEEE ComSoc Technology News (Dec. 2016) Al[...]Thomas Hazlett recently reviewed two new volumes on the Information Economy for the International Journal of Economics of Business. Both Martin Campbell-Kelly and Daniel D. Garcia-Swartz, [...]My new research shows that more Internet access funding doesn't help students. And almost all U.S. schools are already online. By Thomas Hazlett 08/23/16 09:27 AM EDT Even during[...]How an early telephone silencer took on AT&T. By Lauren Young via Atlas Obscura It's not unusual today to overhear strangers' intimate phone conversations while comm[...]
Exclusion and Exclusivity in Gridlock
53 Ariz. L. Rev. 9 (2011). Eric R. Claeys, Professor of Law, George Mason University School of Law.
Michael Heller earned respect among property scholars in his 1998 article The Tragedy of the Anticommons: Property in the Transition from Marx to Markets. The conception of a “tragedy of the commons” had been popularized by Garrett Hardin in a 1968 article by that name. When ranchers have open access (a commons) to grass, their cattle tend to overeat it (the tragedy). Harold Demsetz provided the canonical economic response to tragedies of the commons: private property. Exclusive rights of control, use, and disposition (“exclusive possessory rights”) encourage owners to internalize externalities associated with the over-consumption of resources held in common.