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3 Homeland & Nat'l Sec. L. Rev. 1 (2015)
Behavioral Economics and Free Market Solutions: The Case of Airline Security

handle is hein.journals/hnslr3 and id is 7 raw text is: 

                   CASE OF AIRLINE SECURITY

                      Richard Hanania*

In most of the legal literature, how descriptive questions are
answered often determine what normative suggestions an author
makes. Rational choice theories are usually associated with free
market policy recommendations, while partisans of the behavioral
law and economics approach tend to advocate more paternalistic
measures. This Article turns this traditional framework on its head,
arguing that occasionally a behaviorist orientation can
recommend the adoption of laissez-faire policies. The issue of
airline security is used to demonstrate the point. People
overestimate the risks of flying and terrorism, and empirical works
suggests that government has gone too far in trying to protect
consumers from themselves. This paper suggests that airline
security be privatized or at least heavily deregulated, and invites
further research into non -paternalistic implications of behavioral
law and economics.


       Over the last few decades, policy-oriented legal scholarship
has seen the rise of two similar but often antagonistic intellectual
movements. Law and economics begins with the economic axiom
that individuals are rational self-interested actors and, from that


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