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Richard Gadsden's avatar

I think that both the Yglesias and the LPE sides of this debate are missing the point.

Uber was an end-run around regulations, whether those regulations were good and effective or bad and cartelish. It's trite to say "good regulations are good, bad regulations are bad", but that doesn't make it untrue.

US taxi regulations were bad; Uber broke the cartels by bending first the law and then the regulators to their will. But there are other places that had good regulations (e.g. London) found that Uber was flouting those regulations and in some cases have had to accept that they can't enforce perfectly reasonable laws.

It was easy to set up a new "mini-cab"* company in London. There were regulations (the drivers had to have criminal records checks and right-to-work checks to confirm they were legal immigrants and to exclude drivers who might be a danger to passengers) but calling for a ride (back when it was by telephone) in any car that was legal to have on the road had been allowed since the 1970s. There were even already apps before Uber even arrived in London, though Hailo had very few drivers when Uber London launched in 2012.

Uber repeatedly refused to comply with the pretty-minimal regulatory requirements of a London mini-cab, and in the early years, it was notorious as a place where drivers who had been fired by other mini-cab companies for cause (often for being a danger to passengers, or a danger on the roads) went to work precisely because Uber regarded the star-rating system as more important than pre-emptive regulations.

Uber London Limited did eventually settle with the regulator and now operates under exactly the same regulations as those in place before it was allowed.

* mini-cabs are not black cabs; they're normal cars, like Uber uses, and they are subject to a different and much looser set of regulations, they can use any car they like, they don't have to charge per the taximeter, but can agree a fee in advance, etc. The only restrictions are that they can't pick up passengers that hail them, they have to be dispatched to the passenger who calls for a cab or uses an app, and they also can't use taxi-only facilities (taxi-ranks, taxi-only areas at airports and stations, etc).

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Leora's avatar
10hEdited

As a law professor myself, people should exercise some caution around our policy analyses. Most law professors don’t have Ph.Ds and don’t have training in quantitative methods. (This is thankfully starting to change. Alas, the fact that most law professors have scarcely actually practiced law has not changed.) We aren’t good at assessing whether the empirical research we rely upon is actually high quality.

Also, the vast majority of law reviews are not peer reviewed. And if they are, it’s by other law professors who usually have the same limitations as the author. Law review articles are selected and edited by law students, who know basically nothing and seldom provide substantive feedback. (This is obviously not their fault.)

I always check whether a law professor who’s stepping into economic policy debates (1) has training in economics, (2) co-wrote with someone who does, and/or (3) published in a peer reviewed journal. If not, it doesn’t necessarily mean the analysis is bad, just that it may not be as rigorous as you imagine.

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