The Only Citation to Coase’s “The Problem of Social Cost” in the U.S. Reports is in a Brennan Dissent

November 27th, 2010

Oh the irony.

United Housing Foundation, Inc. v. Forman, 421 U.S. 837 (1975) (Brennan, J., dissenting)

All of the varieties of profit involved here accrue to the resident-stockholders in the form of money saved rather than money earned.FN2 Not only would simple common sense teach that the two are the same, but a more sophisticated economic analysis also compels the conclusion that in a practical world there is no difference between *864 the two forms of income.FN3

FN3. See, e.g., P. Samuelson, supra, n. 1, at 435; Coase, The Problem of Social Cost, 3 J. Law & Econ. 1 (1960).

I found 3 other cites to Coase in Supreme Court cases. Justice Kennedy cited to Coase’s “The Nature of the Firm” in Leegin Creative Leather Products, Inc. v. PSKS, Inc. Kennedy also cited Coase’s “The Federal Communications Commission” in Turner Broadcasting System, Inc. v. F.C.C.. Justice Harlan cited Coase’s “The Economics of Broadcasting and Government Policy” in U.S. v. Southwestern Cable Co.