<http://www.zianet.com/ehusman/weblog/2006/06/failure-part-i-market-failure.
html> At
http://www.zianet.com/ehusman/weblog/2006/06/failure-part-i-market-failure.h
tml, Eric Husman writes: 
 
EH) By assigning property rights in an application of the Coase theorem via
legislative fiat, the commons problem is removed. Pigovian taxes are
strictly ruled out by this (see David Friedman, Law's Order, on problems
with joining Coase and Pigou), but some minor regulation may still be
beneficial. For example, cap & trade markets in sulfur
<http://www.zianet.com/ehusman/weblog/2005/08/coase-in-action.html>  &
carbon are generally accepted as the proper way to address the commons
problem that results in pollution.

In this respect, I am not averse to public solutions so long as it can be
shown that they are better than any possible private solution. That being a
nearly impossible task (because of the "any possible" requirement on
something as dynamic as our sophisticated economy), I would rather see state
action that attempts to align incentives and allow the market to work
without dictating the outcome; well-designed cap & trade markets are
preferred to Pigovian taxes which are preferred to command & control
regulations, so give me the sulfur market over a carbon tax over a new CAFE
rule. (EH
 
Hmm, my understanding is that Fred Foldvary prefers Pigovian taxes over
cap-and-trade.  I'll have to read Law's Order and see if it explains how
legislative fiat" can transform non-excludable resources into excludable
ones. 
 

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