In February 1982, 1 was sitting in a classroom at the University of Chicago, in a graduate
course in public finance taught by Arnold Harberger. He was explaining the economic
consequences of certain provisions in U.S. tax law that allow producers of oil and gas to use
percentage depletion rather than cost depletion. I found myself riveted by this material, since
I had worked on a legal case involving percentage depletion for over a year, as a lawyer in
New York. I knew (or so I thought) as much as a lawyer can know about the tax provisions,
their legislative history, and the policy arguments for and against percentage depletion.
Yet that class gave me insights about the consequences of the subsidy that is percentage
depletion, the merits of the policy arguments, and the different analyses of the tax issues by
accountants, lawyers, and economists that I would never have gained if I had spent my entire
career in this area of practice as a lawyer. It was for me a powerful and strangely affecting
experience.
Somewhat later I took a course in the economics of regulation from Sam Peltzman. One
day he explained that the problem of pollution can be viewed as one of incomplete property
rights, to which economists had proposed an elegant solution: creating marketable licenses
to pollute. Hearing this, I could not suppress a smile, since I knew from my experience in
law and business that, for political reasons, such a proposal would have no chance of being
adopted..