From fingerprinting to criminal sentencing, from lawyer licensing to judicial selection, and from eminent domain to wealth transfers via class-action lawsuits, how do perverse incentives impact the law and what reforms would create a more just and efficient legal system?
Independent Institute Research Fellow Edward Lopéz, Associate Professor of Law and Economics at San Jose State University and editor of the new Institute book The Pursuit of Justice, talks with Institute President David Theroux about the faulty incentives at the heart of government legal failures and whether market-based alternatives can provide viable solutions to the serious problems caused by the bureaucratization and politicization of the law.
In June 2008 the U.S. Supreme Court handed down a landmark ruling on the Second Amendment individual right to keep and bear arms with its Heller v. District of Columbia decision. Two years later, in June 2010, a second historic decision squeezed through the highest court in the land.
The Second Amendments right to keep and bear arms has been among the most controversialand least understoodrights guaranteed by the U.S. Constitution. Did the Founders intend to safeguard an individual right or a collective right?