DeVoe Moore Distinguished Research Professor
Bruce L. Benson, economics department chair, is a DeVoe Moore Professor, Distinguished Research Professor, and Courtesy Professor of Law. Since earning his PhD from Texas A&M University (1978),he has published over 125 academic articles, over 65 chapters to edited volumes, and 4 books (The Enterprise of Law is translated into Spanish), and co-edit another book. His research awards include best article prizes from the Southern Economic Journal (1989) and the Journal of Private Enterprise (1999), an FSU Distinguished Research Professor Award (1993), the 2000 Sir Antony Fisher International Memorial Award for his book, To Serve and Protect, the Association of Private Enterprise Education's Distinguished Scholar Award (2001), and the Liberty in Theory 2007 Lifetime Achievement Award from the Libertarian Alliance in London. He has recently been a Fulbright Senior Specialist in the Czech Republic, Visiting Professor at the University de Paris Pantheon Assas, a Property-and-Environment-Research-Center Julian Simon Fellow, Visiting Research Fellow at the American Institute for Economic Research, and Senior Fellow for the Independent Institute. Other recognitions include a Freedoms Foundation Leavey Award for Excellence in Private Enterprise Education (2004) for his “Economics of Native Americans” course, and the 2006 Adam Smith Award: “the highest honor bestowed by The Association of Private Enterprise Education…. The recipient … must be an individual who has acquired an international reputation as an eloquent scholar and advocate of free enterprise...”
- FREQUENTLY CITED AND OTHERWISE RECOGNIZED PUBLICATIONS, 1980-1998
- "Löschian Competition Under Alternative Demand Conditions ," American Economic Review, December 1980, 1098‑1105. (download)
- "Spatial Competition: Implications for Market Area Delineation in Antimerger Cases," Antitrust Bulletin, Winter 1980, 729‑749.
Republished: The Journal of Reprints for Antitrust Law and Economics (issue on "Relevant Markets in Antitrust,"1984).
Republished: The Economics of Location (Melvin L. Greenhut and George Norman, eds.London: Edward Elgar, 1995).
- "Tariff Restrictions Which Lower Price in the Restricting Country: An Analysis of Spatial Markets" (with James C. Hartigan), Journal of International Economics, August 1983, 117‑133.
- "Spatial Price Theory and an Efficient Congestion Toll Established by the Free Market," Economic Inquiry, April 1984, 244‑252.
Republished: The Economics of Location (Melvin L. Greenhut and George Norman, eds. London: Edward Elgar,1995).
- "Rent Seeking from a Property Rights Perspective," Southern Economic Journal, October 1984, 388‑400.
- "An Alternative View of Pricing in Retail Food Markets" (with Merle D. Faminow), American Journal of Agricultural Economics, May 1985, 296‑306. (download)
- "The Political Economy of Government Corruption: The Logic of Underground Government" (with John Baden), Journal of Legal Studies, June 1985, 391‑410. (download)
Republished: The Economics of Corruption and Illegal Markets (Gianluca Fiorentini and Stefano Zamagni, eds. London: Edgar Elgar, 1999).
- "The Lagged Impact of State and Local Taxes on Economic Activity and Political Behavior" (with Ronald N. Johnson), Economic Inquiry, July 1986, 389‑402.
- "Legal Evolution in Primitive Societies," Journal of Institutional & Theoretical Economics, December 1988, 772-788.
Republished: Anarchy and the Law (Edward Stringham, ed. New Brunswick, NJ: Transactions, 2007).
- "The Spontaneous Evolution of Commercial Law," Southern Economic Journal, January 1989, 644-661. (download)
Award: "Georgescu-Roegen Prize in Economics" for best Southern Economic Journal article, 1988-1989.
Republished: Reputation: Studies in the Voluntary Enforcement of Good Behavior (Daniel B. Klein, ed. Ann Arbor, MI: University of Michigan Press, 1997).
Republished: The Legacy of Friedrich von Hayek (Peter J. Boettke, ed. London: Edgar Elgar, 1999).
Translated and Republished: Part of a Monograph (2002) published in Czech.
Republished: The Legacy of Ludwig von Mises (Peter J. Boettke and Peter Leeson, eds. London: Edgar Elgar, 2006).
Republished: The Evolution of Efficient Common Law (Paul Rubin, ed. London: Edgar Elgar, 2007).
Republished: Economics of Commercial Arbitration and Dispute Resolution (C. Ashenfelter, and Radha K. Iyengar, eds. London: Edward Elgar, forthcoming).
- "Integration of Spatial Markets" (with Merle D. Faminow), American Journal of Agricultural Economics, February 1990, 49-62. (download)
- "On the Basing Point System" (with Melvin L. Greenhut and George Norman), American Economic Review, June 1990, 584-588. (download)
Republished: Spatial Microeconomics: Theoretical Underpinnings and Applications (Melvin L. Greenhut, ed. (Aldershot, UK: Elgar, 1995).
- "On the Basing Point System: Reply" (with Melvin L. Greenhut and George Norman), American Economic Review, September 1990, 963-967. (download)
Republished: Spatial Microeconomics: Theoretical Underpinnings and Applications (Melvin L. Greenhut, ed. Aldershot, UK: Elgar, 1995).
- The Enterprise of Law: Justice Without the State, San Francisco: Pacific Research Institute for Public Policy, 1990. (view)
Award: 1991 Honorable-Mention Runner-up (among 5 finalists), Free Press Association "H. L. Mencken National Book Award."
Translated and Republished: Justicie Sin Estado (Madrid: Unión Editorial, 2000). translated by José Igncio del Catillo and Jesús Gomez.
- "Basing Point Pricing and Production Concentration" (with Melvin L. Greenhut, George Norman, and Jean B. Soper), Economic Journal, May 1991, 539-556. (download)
Republished: Spatial Microeconomics: Theoretical Underpinnings and Applications (1995).
- "Is Property Crime Caused by Drug Use or Drug Enforcement Policy?" (with Iljoong Kim, David W. Rasmussen, and Thomas W. Zuehlke), Applied Economics, July 1992, 679-692. (download)
- "Emerging From the Hobbesian Jungle: Might Takes and Makes Rights," Constitutional Political Economy, Spring/Summer 1994, 129-158.
Translated and republished: "Las Instituciones y Los Derechos de Propiedad al Emerger de la Jungla Hobbesiana: La Fuerza Quita los Derechos y los Crea," Libertas, May 1995, 35-75.
Republished: The Economics of Property Rights (Svetozar Pejovich, ed. London: Edward Elgar, 2001).
- The Economic Anatomy of a Drug War: Criminal Justice in the Commons (with David W. Rasmussen), Lanham, MD: Rowman and Littlefield. (view)
- "Are Public Goods Really Common Pools: Considerations of the Evolution of Policing and Highways in England," Economic Inquiry, April 1994, 249-271. (download)
Republished: Anarchy and the Law (Edward Stringham, ed. New Brunswick, NJ: Transactions, 2007).
- "Police Bureaucrats, Their Incentives, and the War on Drugs" (with David W. Rasmussen and David L. Sollars), Public Choice, April 1995, 21-45. (download)
- "An Exploration of the Impact of Modern Arbitration Statutes on the Development of Arbitration in the United States," Journal of Law, Economics, & Organization, October 1995, 479-501. (download)
Republished: Economics of Commercial Arbitration and Dispute Resolution (C. Ashenfelter, and Radha K. Iyengar, eds. London: Edward Elgar, forthcoming)..
- "Predatory Public Finance and the Origins of the War on Drugs: 1984-1989" (with David W. Rasmussen), The Independent Review: A Journal of Political Economy, Fall 1996, 163-189. (download)
Republished: Taxing Choice: The Predatory Politics of Fiscal Discrimination (William F. Shughart II, ed. New Brunswick, NJ: Transaction, 1997).
- "Deterrence and Public Policy: Tradeoffs in the Allocation of Police Resources" (with Iljoong Kim and David Rasmussen), International Review of Law & Economics, March 1998, 77-100. (download)
- "Market Alternatives for Crime Control: Entrepreneurial Responses to Government Failure," Journal of Private Enterprise, Spring 1998, 1-19.
Award: "The Journal of Private Enterprise Best Paper Award, 1999" for the 1998 volume of the Journal.
- To Serve and Protect: Privatization and Community in Criminal Justice, New York: New York University Press, 1998. (view)
Award: The Atlas Economic Research Foundation's 2000 Sir Antony Fisher International Memorial Award recognizing "the institute that publishes a book ... in 1998 or 1999 that, in the opinion of the judges, made the greatest contribution to public understanding of the free economy" (book written for the Independent Institute).
- "Beer Taxation and Alcohol-Related Traffic Fatalities" (with Brent D. Mast and David W. Rasmussen), Southern Economic Journal, October 1999, 214-249. (download)
- PUBLICATIONS FROM THE LAST TEN YEARS THAT HAVE LINKS OR HAVE BEEN REPUBLISHED
- "Deterring Drunk Driving Fatalities: An Economics of Crime Perspective" (with Brent D. Mast and David W. Rasmussen), International Review of Law & Economics, June 1999, 205-225. (download)
- "To Arbitrate or to Litigate: That is the Question," European Journal of Law & Economics, September 1999, 91-151. (download)
- "An Economic Theory of the Evolution of Governance and the Emergence of the State," Review of Austrian Economics, November 1999, 131-160. (download)
- "Entrepreneurial Police and Drug Enforcement Policy" (with Brent D. Mast and David W. Rasmussen), Public Choice, September 2000, 285-308. (download)
- "Knowledge, Trust, and Recourse: Imperfect Substitutes as Sources of Assurance in Emerging Economies," Economic Affairs, March 2001, 12-17. (download)
- "Regulatory Disequilibium and Inefficiency: The Case of Interstate Trucking," Review of Austrian Economics, Summer/Fall 2002, 229-255. (download)
- "Rational Drug Policy Under Federalism" (with David W. Rasmussen), Florida State University Law Review, Summer 2003, 679-734. (download)
- "Implicit Taxes Collected by State Liquor Monopolies" (with David W. Rasmussen and Paul R. Zimmerman). Public Choice, June 2003, 313-331. (download)
- "Opportunities Forgone: the Unmeasurable Costs of Regulation," Journal of Private Enterprise, Spring 2004, 1-25.
Republished: The Political Economy of Entrepreneurship (Magnus Henrekson and Robin Douhan, eds. London: Edward Elgar, 2008).-25.
- "The Mythology of Holdout as Justification for Eminent Domain and Public Provision of Roads," The Independent Review: A Journal of Political Economy, Fall 2005, 165-194. (download)
- "The Spontaneous Evolution of Cyber Law: Norms, Property Rights, Contracting, Dispute Resolution, and Enforcement without State Involvement," Journal of Law, Economics & Policy, Winter 2005, 269-348.
- "Contractual Nullification of Economically-Detrimental State-Made Laws," Review of Austrian Economics, 2006, 149-187. (download)
- Self Determination: The Other Path for Native Americans, an edited volume (co-edited with Terry Anderson and Tom Flannagan), Stanford University Press, 2006. (view)
- "The Market for Force," The Independent Review: A Journal of Political Economy, Winter 2007, 451-458. (download)
- "Alcohol and Rape: An Economics of Crime Perspective" (with Paul Zimmerman), International Review of Law & Economics, December 2007, 442-473.
- "The Evolution of Eminent Domain: Market Failure or an Effort to Limit Government Power and Government Failure?" The Independent Review: A Journal of Political Economy, Winter 2008, 423-432. (download)
- SELECTED WORKING PAPERS
- "Common Law versus Judge-Made Law."
BEING REVISED; LINK WILL BE ADDED SOON.
- "Crime: Restitution and Retribution." (download)
Paper is being published as a chapter in a forthcoming book: The Encyclopedia of Libertarianism, Ronald Hamoway, ed. (Thousand Oaks, CA: Sage Publishing), forthcoming 2008.
- "Introduction: Eminent Domain, Regulation, and the Takings Backlash."
Paper is being published as a chapter in a forthcoming book: Property Wrongs: The Law and Economics of Eminent Domain and Regulatory Takings, Bruce L. Benson, editor (under contract with the Independent Institute).
- "Eminent Domain for Private Use: Is it Justified by Market Failure or an Example of Government Failure?" (with Matthew Brown). (download)
- "Conclusion: Instability and Inefficiency are the Inevitable Results of Government Planning and Regulatory Implementation." (download)
- "Endogenous Morality." (download)
Someday I hope to revise to resubmit to the Journal of Economic Behavior & Organization.
- "Enviro-Extortion: Private Attorneys General and the Use and/or Threat of Environmental Litigation to Extract Involuntary Wealth Transfers." (download)
- "Escalating the War on Drugs: Causes and Consequences," Stanford Law & Policy Review, forthcoming. (download)
THIS LINK IS TO THE SUBMITTED DRAFT; THE PAPER IS UNDERGOING EDITORIAL REVISIONS SO A NEW VERSION WILL BE POSTED SOON.
- "Illicit Drugs" (download)
- "Law Merchant." (download)
- "Are Roads Public Goods, Club Goods, Private Goods, or Common Pools?" (download)
- "Some Form of a Law Merchant Always Evolves in Emerging Economies"
Invited by Peer Zumbansen and Gralf Calliess, editors of a volume on Law and Evolutionary Theory.
- "The War on Drugs: A Public Bad." (download)
Written for presentation at the Research Symposium on Bad Public Goods, sponsored by Northwestern University’s Searle Center on Law, Regulation, and Economic Growth at the Searle Center Conference Center, Northwestern University School of Law, September 2008, and subsequent publication.
- "Common Law versus Judge-Made Law."