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Two Cheers for Discrimination: Deregulation and Efficiency in the Reform of U.S. Freight Transportation, 1976–1998

Published online by Cambridge University Press:  18 February 2015

Extract

Nondiscrimination was the bedrock of U.S. transport regulation for nearly a century. The Interstate Commerce Act of 1887, the federal government's first major regulatory initiative, barred “unreasonable discrimination” in rates and service to keep railroads from aiding one businesses or community over another. As regulation developed, similar obligations were imposed on ship lines, truck lines, and air carriers. Most freight transportation companies were forced to operate as “common carriers,” publishing a rate applicable to each commodity and applying that rate to every shipment. Equal treatment of all customers, based strictly on posted prices and terms of service, was widely considered essential to keeping the transportation market “fair.”

Type
Special Section on American Transportation
Copyright
Copyright © The Author(s) 2009. Published by Cambridge University Press on behalf of the Business History Conference. All rights reserved.

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References

Bibliography of Works Cited

Books

Breyer, Stephen, Regulation and Its Reform. Cambridge, MA: Harvard University Press, 1982.Google Scholar
Brown, Harry Gunnison, Transportation Rates and Their Regulation. New York: MacMillan, 1916.Google Scholar
Chandler, Alfred D., The Visible Hand: The Managerial Revolution in American Business. Cambridge, MA: Harvard University Press, 1977.Google Scholar
Doig, Jameson W., Empire on the Hudson: Entrepreneurial Vision and Political Power at the Port of New York Authority. New York: Columbia University Press, 2001.Google Scholar
Fishlow, Albert, American Railroads and the Transformation of the Antebellum Economy. Cambridge, MA: Harvard University Press, 1965.Google Scholar
Hamilton, Shane, Trucking Country: The Road to America’s Wal-Mart Economy. Princeton: Princeton University Press, 2008.Google Scholar
Hoogenboom, Ari, and Olive, Hoogenboom. A History of the ICC: From Panacea to Palliative. New York: Norton, 1976.Google Scholar
Kerr, K. Austin, American Railroad Politics, 1914–1920. Pittsburgh: University of Pittsburgh Press, 1968.Google Scholar
Levinson, Marc, The Box: How the Shipping Container Made the World Smaller and the World Economy Bigger. Princeton: Princeton University Press, 2006.Google Scholar
MacAvoy, Paul W., Industry Deregulation and the Performance oftheAmerican Economy. New York: W.W. Norton, 1992.Google Scholar
McCraw, Thomas K., Prophets of Regulation: Charles Francis Adams, Louis D. James M Brandeis . Alfred E. Kahn Landis. Cambridge, MA: Belknap Press of Harvard University Press, 1984.Google Scholar
Milgrom, Paul, and John, Roberts. Economics, Organization and Management. Cambridge, MA: Harvard University Press, 1992.Google Scholar
Nasaw, David, Andrew Carnegie. New York: Penguin, 2006.Google Scholar
Parsons, Frank, The Heart ofthe Railroad Problem. Boston, MA: Little, Brown & Co., 1906.Google Scholar
Pure Oil Trust vs. Standard Oil Company, being the report of an investigation by the United States Industrial Commission. Oil City, PA: Derrick, 1901.Google Scholar
Rodgers, Daniel, Atlantic Crossings: Social Politics in a Progressive Age. Cambridge, MA: Harvard University Press, 1998.Google Scholar
Rose, Mark H. Bruce, E. Seeley, and Paul, F. Barrett. The Best Transportation System in the World. Columbus, OH: Ohio State University Press, 2006.Google Scholar
Rothenberg, Lawrence S., Regulation, Organizations, and Politics: Motor Freight Policy at the Interstate Commerce Commission. Ann Arbor, MI: University of Michigan Press, 1994.Google Scholar
Sharfman, I. Leo, Railway Regulation: An Analysis ofthe Underlying Problemsin Railway Economics from the Standpoint of Government Regulation. Chicago, IL: LaSalle Extension University, 1915.Google Scholar
Shaw, Albert, Political Problems of American Development. New York: Columbia University Press, 1907.Google Scholar
Stone, Richard D., The Interstate Commerce Commission and the Railroad Industry. New York: Praeger, 1991.Google Scholar
Tursi, Frank V., Susan, E. White, and Steve, McQuilkin. Lost Empire: The Fall of R.J. Reynolds Tobacco Company. Winston-Salem: Winston-Salem Journal, 2000.Google Scholar
Tye, William B., Encouraging Cooperation Among Competitors. New York: Quorum Books, 1987.Google Scholar
Usselman, Steven W, Regulating Railroad Innovation. New York: Cambridge University Press, 2002.Google Scholar
Vance, Sandra S. and Roy, V. Scott. Wal-Mart: A History of Sam Walton’s Retailing Phenomenon. New York: Twayne Publishing, 1994.Google Scholar
Vietor, Richard K. Contrived Competition: Regulation and Deregulation in America. Cambridge, MA: Belknap Press of Harvard University Press, 1994.Google Scholar
Winston, Clifford, Thomas, M. Corsi, Curtis, M. Grimm, and Carol, A. Evans. The Economic Effects of Surface Freight Deregulation. Washington, DC: Brookings, 1990.Google Scholar

Articles and Essays

Adams, Aden C. and Carl, W. Hoeberling, “Future of Contract Rates in Rail Transportation,” ICC Practitioners’ Journal 47 (Sep-Oct 1980): 661–64.Google Scholar
Adams, Henry C., “Service of a Bureau of Railway Statistics and Accounts in the Solution of the Railway Question.” In Compendium of Transportation Theories, ed. McCain, C.C. Washington, DC: Kensington Publishing, 1893.Google Scholar
Bailey, Elizabeth F, “Price and Productivity Change Following Deregulation: The U.S. Experience.” Economic Journal 96 (1986): 117.Google Scholar
Baker, George P. “Incentive Contracts and Performance Measurement,” Journal of Political Economy 100 (1992): 598614.Google Scholar
Bitzan, John D. and Theodore, E. Keeler. “Economics of Density and Regulatory Change in the U.S. Railroad Freight Industry.Journal of Law & Economics 50 (2007): 157–77.Google Scholar
Bonacich, Edna, with Khaleelah, Hardie, “Wal-Mart and the Logistics Revolution.” In Wal-Mart: The Face of Twentieth-Century Capitalism, ed. Nelson, Licht-enstein. New York: New Press, 2006, 163188.Google Scholar
Borghesani, William H. “Motor Carrier Regulatory Reform and its Impact on Private Carriers.” Transportation Law Journal 10 (1978): 389415.Google Scholar
Boyer, Kenneth D. “The Costs of Price Regulation: Lessons from Railroad Deregulation.” Rand Journal of Economics 18 (1987): 408–16.Google Scholar
Dempsey, Paul Stephen. “The Law ofIntermodal Transportation: WhatIt Was, What It Is, What It Should Be.” Transportation Law Journal 27 (May-June 2000): 367417.Google Scholar
Farmer, Richard N. “The Case Against Common Carriage.” ICC Practitioners’ Journal 31 (March 1964): 682–88.Google Scholar
Foster, Thomas A. “Logistics Costs Drop to Record Low Levels.” Distribution 92 (July 1993): 620.Google Scholar
The Freight Car Shortage and ICC Regulation.” Harvard Law Review 85 (1972): 15831611.Google Scholar
Grimm, Curtis, and Clifford, Winston, “Competition in the Deregulated Railroad Industry: Sources, Effects, and Policy Issues.” In Deregulation ofNet-work Industries: What’s Next?, eds. Sam, Pelzman and Clifford, Winston. Washington, DC: AEI-Brookings Center for Regulatory Studies, 2000.Google Scholar
Haines, Michael R. and Robert A, Margo. “Railroads and Local Economic Development in the United States in the 1850s.” Working Paper 12381, National Bureau of Economic Research, 2006.Google Scholar
Hammond, M.B. “Railway Rate Theories of the Interstate Commerce Commission I.” Quarterly Journal of Economics 25 (1911): 166.Google Scholar
Hammond, M.B. “Railway Rate Theories of the Interstate Commerce Commission II.” Quarterly Journal of Economics 25 (1911): 279336.Google Scholar
Hardman, James C. “Motor Contract Carriage in the 1980s and 1990s: An Odyssey Towards Total Legislative Deregulation.” Transportation Practitioner’s Journal 58 (1991): 206–16.Google Scholar
Hill, Stephen G. “Contract Rates: Increasing Rail Profitability.” ICC Practitioners’Journal 46 (Jan-Feb, 1979): 222–32.Google Scholar
Hummels, David. “Transportation Costs and International Trade in the Second Era of Globalization.” Journal of Economic Perspectives 21 (Summer 2007): 131–54.Google Scholar
John, Husveth. “Service Contracts Under the Shipping Act of 1984: Is It Common or Contract Carriage?Journal of Transportation Law, Logistics and Policy 64 (Spring 1997): 327–37.Google Scholar
Kling, Robert W. “Deregulation and Structural Change in the LTL Motor Freight Industry.” Transportation Journal 29 (Spring 1990): 4753.Google Scholar
Lieb, Robert C. and Robert, A Millen. “The Responses of General Commodity Motor Carriers to Just-In-Time Manufacturing Programs.” Transportation Journal 29 (Fall 1990): 511.Google Scholar
Lieb, Robert C. and Hugh L, Randall. “CEO Perspectives on the Current Status and Future Prospects of the Third-Party Logistics Industry in the United States.” Transport Logistics 1 (1996): 5166.Google Scholar
Locklin, D. Philip. “The Literature on Railway Rate Theory.” Quarterly Journal of Economics 47 (1933): 167230.Google Scholar
Meyer, John R. and B. Tye, William. “Toward Achieving Workable Competition in Industries Undergoing a Transition to Deregulation: A Contractual Equilibrium Approach.” Yale Journal on Regulation 5 (1988): 273–97.Google Scholar
Miller, C.J., “Railroad Contract Rates: A License to Innovate.” ICC Practitioners’Journal 47 (Sep-Oct 1980): 646–60.Google Scholar
Miranti, Paul J. “Measurement and Organizational Effectiveness: The ICC and Accounting-Based Regulation, 1887–1940.” Business and Economic History 19 (1990): 183192.Google Scholar
Mortin, J. Robert. “Contract Rates by Rail-A Tool in Ratemaking.” ICC Practitioners’ Journal 49 (May-June 1982): 413–19.Google Scholar
O’Neal, Daniel A. “Price Competition and the Role of Rate Bureaus in the Motor Carrier Industry.” Transportation Law Journal 10 (1978): 309–64.Google Scholar
O’Neill, Patrick B. “The Trend of Aggregate Concentration in the United States: Problems of Scope and Measurement.” American Journal of Economics and Sociology 55 (1996): 197211.Google Scholar
Phillips, Laurence T. “Contractual Relationships in the Deregulated Transportation Marketplace.” Journal ofLaw and Economics 34 (1991): 535–64.Google Scholar
Roberts, Merrill J. “The Motor Transport Revolution.” Business History Review 30 (1956): 5795.Google Scholar
Schmitz, John, and W Fuller, Stephen. “Effect of Contract Disclosure on Railroad Grain Rates: An Analysis of Corn Belt Corridors.” Logistics and Transportation Review 31 (1995): 97123.Google Scholar
Sims, Joe. “Inedible Tallow, The Maximum Charges Rule, and Other Fables: Motor Carrier Regulation By The ICC.Transportation Law Journal 10 (1978): 5566.Google Scholar
Spychalski, John C. Regulation of Discrimination in Railway Freight Transport.” Transportation Research Record 721 (1979): 1823.Google Scholar
Stewart, Hayden G. and Fred S, Inaba. “Ocean Liner Shipping: Organizational and Contractual Response by Agribusiness Shippers to Regulatory Change.” Agribusiness 19 (2003): 459–72.Google Scholar
Williamson, Oliver E. “Transaction-Cost Economics: The Governance of Contractual Relations.” Journal of Law and Economics 22 (1979): 233–61.Google Scholar
Wilson, Wesley. “Market-Specific Effects of Rail Deregulation.” Journal of Industrial Economics 42 (1994): 122.Google Scholar
Winston, Clifford. “U.S. Industry Adjustment to Econommic Deregulation.” Journal of Economic Perspectives 12 (1998): 89110.Google Scholar
Zsidisin, George A. Douglas, Voss M. and Matt, Schlosser, “Shipper-Carrier Relationships and Their Effect on Carrier Performance.” Transportation Journal 46 (Spring 2007): 518.Google Scholar

Unpublished Work

Merritt, Albert Newton. Federal Regulation of Railway Rates, PhD dissertation, University of Chicago, 1906.Google Scholar

Government Documents

Interstate Commerce Commission, Railroad Commission Cases Google Scholar
Interstate Commerce Commission, ReportsGoogle Scholar
U.S. Census Bureau, Economic Census: Retail Trade, Subject Series: Establishment and Firm Size, various years.Google Scholar
U.S. Comptroller General, “Improved Service to the Small Shipper Is Needed,” CED-77-14, Dec 22, 1976.Google Scholar
U.S. Congress, Office of Technology Assessment, “Impact of Advanced Air Transport Technology, Part 2 – The Air Cargo System” (Washington, DC, 1982).Google Scholar
U.S. Federal Highway Administration, “Logistics Costs and U.S. Gross Domestic Product,” August 25, 2005, available at http://ops.fhwa.dot.gov/freight/freight_analysis/econ_methods/lcdp_rep/index.htm Google Scholar
U.S. Federal Maritime Commission, “The Impact of the Ocean Shipping Reform Act of 1998,” September 2001.Google Scholar
U.S. Federal Maritime Commission, “Section 18 Report on the Shipping Act of 1984,” September 1989.Google Scholar
U.S. General Accounting Office, “American Seaports-Changes Affecting Operations and Development.” Washington, DC, 1979.Google Scholar
U.S. General Accounting Office, “Changes in Railroad Rates and Service Quality Since 1990.Washington, DC, 1999.Google Scholar
U.S. General Accounting Office, “Economic and Financial Impacts of the Staggers Rail Act of 1980.” Washington, DC, 1990.Google Scholar
U.S. General Accounting Office, “Issues in Regulating Interstate Motor Carriers.” Washington, DC, 1980.Google Scholar
U.S. General Accounting Office, “Shipper Experiences and Current Issues in ICC Regulation of Rail Rates.” Washington, DC, 1987.Google Scholar
U.S. Government Accountability Office, “Freight Railroads: Industry Health Has Improved, but Concerns about Competition and Capacity Should Be Addressed.” Washington, DC, October 2006.Google Scholar
U.S. House of Representatives, Committee on Interstate and Foreign Commerce, Government Control of Meat-Packing Industry, Washington, DC, 1919.Google Scholar
U.S. House of Representatives, Subcommittee on Coast Guard and Maritime Transport, Committee on Transportation and Infrastructure, “Shipping Act of 1984,” Washington, DC, 2005.Google Scholar
U.S. Senate, Committee on Interstate Commerce, “Duties and Powers of the Interstate Commerce Commission,” Washington, DC, 1905.Google Scholar
U.S. Surface Transportation Board, “Rail Rates Continue Multi-Year Decline,” December 2000.Google Scholar