Wolfgang Kerber and Karsten Zolna: The German Facebook Case: The Law and Economics of the Relationship between Competition and Data Protection Law

Can competition law also take into account effects on privacy or should privacy concerns of data-collecting behaviour only be dealt with by data protection law? In this paper, we are analysing the German Facebook case, in which certain terms of service (that force consumers to give consent for merging personal Read more…

Dan B. Klein: Conservative liberalism: Hume, Smith, and Burke as policy liberals and polity conservatives

On regular issues of policy reform—presupposing a stable integrated polity— Hume, Smith, and Burke were liberal in the original political meaning of “liberal.” Thus, on policy reform, although they accorded the status quo a certain presumption (as any reasonable person must), the more distinctive feature is that they maintained (even propounded, Read more…

Michael Munger & Georg Vanbger: Contractarianism, constitutionalism, and the status quo

The constitutional political economy (CPE) approach as developed by James Buchanan places emphasis on supermajority rules—in particular, a unanimity requirement for constitutional change. Critics argue that this approach “privileges the status quo” in two problematic ways: (1) alternatives are treated unequally because the status quo requires a smaller coalition to Read more…