The unemployment relief programs introduced by the federal government in the 1930s were the largest single factor in the growth of the federal budget over the decade. We develop a model that enables us to estimate the effects of the relief programs on private employment. Cross-sectional data bearing on the operation of the Federal Emergency Relief Administration rejects the hypothesis that the federal relief programs reduced private employment. Individuals did respond to the incentives of relief benefits, but only by moving between relief and non-relief unemployment.

This article identifies four problems in the recent interdisciplinary studies of property rights, law, and economic development in the nineteenth-century United States. First, recent studies stress too exclusively the positive functions of law in either the “release of entrepreneurial energy” or the exploitative allocation of advantages (by courts and legislatures) to the business interests leading industrialization. Second, the dichotomy between alleged “instrumentalism” as the prevailing judicial style before 1860 and “formalism” after 1865 has been exaggerated. Third, generalizations have been based too much on the eastern states and Wisconsin. Fourth, there has been a failure to identify accurately the winners and losers in the struggle over regulation and the definition of property rights. Thus, although rediscovery of the importance of institutions by economists and the renaissance of legal history among historians and legal scholars constitute welcome (converging) developments in recent scholarship, much more research is needed on these main themes in the literature.

Economic growth occurs when individuals of a society engage in productive, positive-sum games. Conventional measures of growth, however, include measures of positive- and negative-sum games. This paper establishes a framework for distinguishing between productive (positive-sum) and transfer (negative-sum) activity. The role of the Constitution in promoting productive activity is discussed.