Infrastructure The Social Value of Shared Resources

Infrastructure resources are the subject of many contentious public policy debates, including what to do about crumbling roads and bridges, whether and how to protect our natural environment, energy policy, even patent law reform, universal health care, network neutrality regulation and the future of the Internet. Each of these involves a battle to control infrastructure resources, to establish the terms and conditions under which the public receives access, and to determine how the infrastructure and various dependent systems evolve over time. Infrastructure: The Social Value of Shared Resourcesdevotes much needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. The book linksinfrastructure, a particular set of resources defined in terms of the manner in which they create value, withcommons, a resource management principle by which a resource is shared within a community. The infrastructure commons ideas have broad implications for scholarship and public policy across many fields ranging from traditional infrastructure like roads to environmental economics to intellectual property to Internet policy. Economics has become the methodology of choice for many scholars and policymakers in these areas. The book offers a rigorous economic challenge to the prevailing wisdom, which focuses primarily on problems associated with ensuring adequate supply. The author explores a set of questions that, once asked, seem obvious: what drives the demand side of the equation, and how should demand-side drivers affect public policy? Demand for infrastructure resources involves a range of important considerations that bear on the optimal design of a regime for infrastructure management. The book identifies resource valuation and attendant management problems that recur across many different fields and many different resource types, and it develops a functional economic approach to understanding and analyzing these problems and potential solutions.

Brett M. Frischmann is Professor of Law at the Benjamin N. Cardozo School of Law, Yeshiva University, where he teaches intellectual property and internet law. After clerking for the Honorable Fred I. Parker of the U.S. Court of Appeals for the Second Circuit and practicing at Wilmer, Cutler & Pickering in Washington, DC, he joined the Loyola University, Chicago law faculty in 2002. He has held visiting appointments at Cornell, Fordham, and Syracuse. He is a co-author of one of the leading internet law casebooks entitled: Cyberlaw: Problems of Policy and Jurisprudence in the Information Age, 4th Edition, along with Patricia L. Bellia, Paul Schiff Berman, and David G. Post. Professor Frischmann has written articles for the Columbia Law Review, Cornell Law Review, University of Chicago Law Review, Review of Law and Economics, and many other leading journals.

Acknowledgments

Foreword

Introduction

Part I: Foundations

Chapter One: Defining Infrastructure and Commons Management
Chapter Two: Overview of Infrastructure Economics
Chapter Three: Microeconomic Building Blocks

Part II: A Demand Side Theory of Infrastructure and Commons Management

Chapter Four: Infrastructural Resources
Chapter Five: Managing Infrastructure as Commons

Part III: Complications

Chapter Six: Infrastructure Pricing
Chapter Seven: Congestion
Chapter Eight: Supply Side Incentives

Part IV: Traditional Infrastructure

Chapter Nine: Transportation Infrastructure-Roads
Chapter Ten: Communications Infrastructure-Telecommunications

Part V: Nontraditional Infrastructure

Chapter Eleven: Environmental Infrastructure
Chapter Twelve: Intellectual Infrastructure

Part VI: Modern Debates

Chapter Thirteen: Network Neutrality
Chapter Fourteen: Application to Other Modern Debates

Conclusion

Bibliography

Index