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No Place For Law and Economics: The Controversy over Railroad Regulation before the Hepburn Act

In: Research in the History of Economic Thought and Methodology

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  • Nicola Giocoli

Abstract

At the turn of the 20th-century railroad regulation was hotly debated in the United States. Railways were accused of abusing of their monopolistic position, in particular by discriminating rates. Public opinion’s pressure for tighter regulation led to the 1906 enactment of the Hepburn Act, which strengthened the powers of the Interstate Commerce Commission. American economists actively participated in the debate. While most of them sided with the pro-regulation camp, the best economic analysis came from those who used the logic of modern law and economics to demonstrate how most railroads’ practices, including rate discrimination, were simply rational, pro-efficiency behavior. However, as relatively unknown Chicago University economist Hugo R. Meyer would discover, proposing that logic in public events could at that time cost you your academic career.

Suggested Citation

  • Nicola Giocoli, 2016. "No Place For Law and Economics: The Controversy over Railroad Regulation before the Hepburn Act," Research in the History of Economic Thought and Methodology, in: Research in the History of Economic Thought and Methodology, volume 34, pages 293-338, Emerald Group Publishing Limited.
  • Handle: RePEc:eme:rhetzz:s0743-41542016000034a009
    DOI: 10.1108/S0743-41542016000034A009
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    More about this item

    Keywords

    Railway economics; rate regulation; Hepburn Act; A. T. Hadley; F. W. Taussig; H. R. Mayer; B13; K23; L51;
    All these keywords.

    JEL classification:

    • B13 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - Neoclassical through 1925 (Austrian, Marshallian, Walrasian, Wicksellian)
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • L51 - Industrial Organization - - Regulation and Industrial Policy - - - Economics of Regulation

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