Abstract This chapter applies the theories of bargaining developed earlier to problems in public law. It begins by addressing regulations, especially regulations to correct negative externalities like air pollution. It contrasts two methods for correcting inefficiency: “Hobbesian” solutions that impose a rule on feuding parties, and “Coasean” solutions that make it easier for people to cooperate. Next, the chapter studies federalism, meaning the allocation of powers between national and state governments. It provides an interpretation of Article I, Section 8 of the U.S. Constitution, which establishes federalism in the United States. Finally, the chapter studies the separation of government into executive, legislative, and judicial branches.
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