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Freerolls and binds: making policy when information is missing

Published online by Cambridge University Press:  19 October 2020

ANNIE DUKE*
Affiliation:
Author, Consultant, 2010 NBC National Heads-Up Poker Champion, and World Series of Poker Bracelet, USAHolder
CASS R. SUNSTEIN
Affiliation:
Robert Walmsley University Professor, Harvard University, Cambridge, MA, USA
*
*Correspondence to: [email protected]

Abstract

When policymakers focus on costs and benefits, they often find that hard questions become easy – as, for example, when the benefits clearly exceed the costs, or when the costs clearly exceed the benefits. In some cases, however, benefits or costs are difficult to quantify, perhaps because of limitations in scientific knowledge. In extreme cases, policymakers are proceeding in circumstances of uncertainty rather than risk, in the sense that they cannot assign probabilities to various outcomes. We suggest that in difficult cases in which important information is absent, it is useful for policymakers to consider a concept from poker: ‘freerolls.’ A freeroll exists when choosers can lose nothing from selecting an option but stand to gain something (whose magnitude may itself be unknown). In some cases, people display ‘freeroll neglect.’ In terms of social justice, John Rawls’ defense of the difference principle is grounded in the idea that, behind the veil of ignorance, choosers have a freeroll. In terms of regulatory policy, one of the most promising defenses of the Precautionary Principle sees it as a kind of freeroll. Some responses to climate change, pandemics and financial crises can be seen as near-freerolls. Freerolls and near-freerolls must be distinguished from cases involving cumulatively high costs and also from faux freerolls, which can be found when the costs of an option are real and significant, but not visible. ‘Binds’ are the mirror-image of freerolls; they involve options from which people are guaranteed to lose something (of uncertain magnitude). Some regulatory options are binds, and there are faux binds as well.

Type
Article
Copyright
Copyright © The Author(s) 2020. Published by Cambridge University Press

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References

Abaluck, J. et al. (2020), ‘The Case for Universal Cloth Mask Adoption and Policies to Increase Supply of Medical Masks for Health Workers’, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3567438Google Scholar
Bastardi, A. and Shafir, E. (1998), ‘On the Pursuit and Misuse of Useless Information’, Journal of Personality and Social Psychology, 75:19.CrossRefGoogle ScholarPubMed
Coates, J. C. (2014), ‘Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications’, Yale Law Journal, 124: 882.Google Scholar
Dholakia, U. (2019), ‘The Powerful Influence of Pennies-A-Day Price Offers’, available at https://www.psychologytoday.com/us/blog/the-science-behind-behavior/201904/the-powerful-influence-pennies-day-price-offersGoogle Scholar
Elster, J. (1983), Explaining Technical Change: A Case Study in the Philosophy of Science, New York: Cambridge University Press 199.Google Scholar
European Union (1992), ‘Article 130: Treaty on European Union’.Google Scholar
Executive Office of the President (1993), Executive Order 12866.Google Scholar
Executive Office of the President (2017), Executive Order No. 13771.Google Scholar
Fellner, W. (1965), Probability and Profit, 140–142.Google Scholar
Frank, R. (2010), Luxury Fever. Princeton: Princeton University Press.Google Scholar
Gardiner, S. (2006), ‘The Core Precautionary Principle’, Journal of Political Philosophy, 14: 33, 46, 49, 51, 55.CrossRefGoogle Scholar
Gibbens, S. (2020), ‘Toxic ‘forever chemicals’ more common in tap water than thought, report says’, National Geographic, available at https://www.nationalgeographic.com/science/2020/01/pfas-contamination-safe-drinking-water-study/Google Scholar
Goklany, I. (2001), The Precautionary Principle: A Critical Appraisal, Washington D.C.: Cato Institute.Google Scholar
Grossman, E. (2020), ‘What the EPA's ‘Chemicals of Concern’ Plans Really Mean’, Scientific American, available at https://www.scientificamerican.com/article/epa-chemicals-of-concern-plans/Google Scholar
Harremoes, P. (2002), The Precautionary Principle in the 20th Century: Late Lessons from Early Warnings.Google Scholar
Harsanyi, J. C. (1975), ‘Can the Maximin Principe Serve as a Basis for Morality? A Critique of John Rawls's Theory’, American Political Science Review, 69: 594.CrossRefGoogle Scholar
Harvard Health Publishing: Harvard Medical School (2020), ‘Preventing the Spread of the Coronavirus’, available at https://www.health.harvard.edu/diseases-and-conditions/preventing-the-spread-of-the-coronavirusGoogle Scholar
Kay, J. and King, M. (2020), Radical Uncertainty, New York: W. W. Norton & Company, Inc. 35–49, 106130.Google Scholar
Keynes, J. M. (1937), The General Theory of Unemployment.CrossRefGoogle Scholar
Knight, F. H. (1933), Risk, Uncertainty, and Profit.Google Scholar
Levitt, S. (2016), Steven Levitt, ‘Heads or Tails: The Impact of a Coin Toss on Major Life Decisions and Subsequent Happiness’, available at https://www.nber.org/papers/w22487Google Scholar
Livermore, M. and Revesz, R. (2020), Reviving Rationality, New York: Oxford University Press.Google Scholar
Margolis, H. (1997), Dealing with Risk, Chicago: University of Chicago Press.Google Scholar
Marlowe, C. (1994), Doctor Faustus. New York: Dover Publications.Google Scholar
Nordhaus, W. (2015), The Climate Casino, New Haven: Yale University Press.Google Scholar
Rawls, J. (1971), A Theory of Justice, Cambridge: Belknap Press 155.CrossRefGoogle Scholar
Rawls, J. (1999), A Theory of Justice, Cambridge: Belknap Press 132–39.CrossRefGoogle Scholar
Rupar, A. (2020), ‘How Trump managed to bankrupt casinos’, Twitter, online at https://twitter.com/atrupar/status/1262482612737712130?s=20Google Scholar
Solender, A. (2020), ‘Trump Says He's Taking Hydroxychloroquine Despite an NIH Advisory Against It’, Forbes, available at https://www.forbes.com/sites/andrewsolender/2020/05/18/trump-says-hes-taking-hydroxychloroquine-despite-an-nih-advisory-against-it/#1d05f9f41cd7Google Scholar
Sunstein, C. R. (2014), ‘The Limits of Quantification’, California Law Review, 102:1369.Google Scholar
Taleb, N. N. et al. (2014), ‘The Precautionary Principle (with Application to the Genetic Modification of Organisms)’, available at http://www.fooledbyrandomness.com/pp2.pdfGoogle Scholar
United States Food and Drug Administration (2020), ‘FDA Cautions Against Use of Hydroxychloroquine or Chloroquine for COVID-19 Outside of the Hospital Setting or a Clinical Trial Due to Risk of Heart Rhythm Problems’. https://www.fda.gov/drugs/drug-safety-and-availability/fda-cautions-against-use-hydroxychloroquine-or-chloroquine-covid-19-outside-hospital-setting-orGoogle Scholar
United States Office of Management and Budget (2012), ‘Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities’, 26. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2012_cb/2012_cost_benefit_report.pdf [https://perma.cc/B3U2-MR4L]Google Scholar
United States Office of Management and Budget (2013), ‘Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities’, 27. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2013_cb/2013_cost_benefit_report-updated.pdf [https://perma.cc/27AJ-EJ9C]Google Scholar
United States Office of Management and Budget (2014), ‘Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities’, 25. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2014_cb/2014-cost-benefit-report.pdf [https://perma.cc/H5US-8UJS]Google Scholar
United States Office of Management and Budget (2015), ‘Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance with the Unfunded Mandates Reform Act’, 25. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2015_cb/2015-cost-benefit-report.pdf [https://perma.cc/J2RA-687U].Google Scholar
Zoellner, D. (2020), ‘What Have You Got to Lose?’ Trump Tells Coronavirus Patients to ‘Try’ Unproven Drug’, Independent, available at https://www.independent.co.uk/news/world/americas/trump-coronavirus-hydroxychloroquine-anti-malaria-drug-latest-a9447796.htmlGoogle Scholar