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I’ll be headed to New Orleans tomorrow to participate in the Federalist Society Faculty Conference and the AALS Annual Meeting.

For those attending and interested, I’ll be speaking at the Fed Soc on privacy and antitrust, and at AALS on Google and antitrust.  Details below.  I hope to see you there!

Federalist Society:

Seven-Minute Presentations of Works in Progress – Part I
Friday, January 4, 5:00 p.m. – 6:00 p.m.
Location: Bacchus Room, Wyndham Riverfront Hotel

  • Prof. Geoffrey Manne, Lewis & Clark School of Law, “Is There a Place for Privacy in Antitrust?”
  • Prof. Zvi Rosen, New York University School of Law, “Discharging Fiduciary Debts in Bankruptcy”
  • Prof. Erin Sheley, George Washington University School of Law, “The Body, the Self, and the Legal Account of Harm”
  • Prof. Scott Shepard, John Marshall Law School, “A Negative Externality by Any Other Name: Using Emissions Caps as Models for Constraining Dead-Weight Costs of Regulation”
  • ModeratorProf. David Olson, Boston College Law School

AALS:

Google and Antitrust
Saturday, January 5, 10:30 a.m. – 12:15 p.m.
Location: Newberry, Third Floor, Hilton New Orleans Riverside

  • Moderator: Michael A. Carrier, Rutgers School of Law – Camden
  • Marina L. Lao, Seton Hall University School of Law
  • Geoffrey A. Manne, Lewis & Clark Law School
  • Frank A. Pasquale, Seton Hall University School of Law
  • Mark R. Patterson, Fordham University School of Law
  • Pamela Samuelson, University of California, Berkeley, School of Law

All of us here at TOTM are thrilled to announce that the Senate yesterday confirmed Josh Wright to be the next Commissioner of the Federal Trade Commission.

As I wrote upon Josh’s nomination:

Josh is widely regarded as the top antitrust scholar of his generation. He is the author of more than 50 scholarly articles and book chapters, including several that were released as ICLE White Papers. He is a co-author of the most widely-used antitrust casebook, and co-editor of three books on topics ranging from Competition Policy and Intellectual Property Law to the Intellectual History of Law and Economics. And he is the most prolific blogger on the preeminent antitrust and corporate law and economics blog, Truth on the Market.

The FTC will benefit enormously from Josh’s expertise and his error cost approach to antitrust and consumer protection law will be a tremendous asset to the Commission — particularly as it delves further into the regulation of data and privacy . His work is rigorous, empirically grounded, and ever-mindful of the complexities of both business and regulation.

I am honored to have co-authored several articles with Josh, and I have learned an incredible amount about antitrust law and economics from him. The Commissioners and staff at the FTC will surely similarly profit from his time there.

We’ll miss him around these parts, but presumably he’ll provide us with plenty of good fodder for the blog.

The New York Times today has an article on approval of medical devices.  The take is that venture capitalists want a more efficient process.  The tradeoff mentioned is between faster approval for investor returns versus safety of devices if they are approved faster.  There is no mention in the article of the benefits to patients and consumers of more rapid availability of medical devices.  The entire literature following the Peltzman analysis delays in drug approval is totally ignored.

We’re delighted to be joined for the next couple of weeks by guest blogger, Hal Singer.

Hal is Managing Director and Principal at Navigant Economics. He has written, thought and advised extensively on antitrust, finance and general regulatory issues.  His SSRN page is here, and it includes co-authors like David Teece, Dan Rubinfeld, Jerry Hausman, Greg Sidak, Bob Crandall, and Bob Litan, among many others. He is the co-author of the book Broadband in Europe: How Brussels Can Wire the Information Society (Kluwer/Springer Press 2005). and his article have appeared in, among there, American Economics Association Papers and Proceedings, Harvard Journal of Law and Technology, Journal of Industrial Economics, Journal of Network Industries, Journal of Regulatory Economics, Review of Network Economics, Topics in Economic Analysis and Policy, and Yale Journal on Regulation. He has also served as Adjunct Professor at Georgetown University’s McDonough School of Business.

On the policy front, his essays have appeared in several leading newspapers and magazines, including Antitrust, Forbes, The Economist’s Voice, Harvard Business Review, Health Affairs, The Milken Institute Review, Regulation, The Wall Street Journal, and The Washington Post. His M.A. and Ph.D. degrees in economics are from the Johns Hopkins University and his B.S. magna cum laude in economics is from Tulane University.

Perhaps of particular interest to our readers, one of Hal’s most recent articles (with Gerald Faulhaber) is on wireless broadband competition and the FCC’s most recent wireless competition report, a not-uncommon subject around here (see, e.g., here).  It’s an excellent paper, and you can find a link to the article and a podcast of Hal discussing the paper with Jerry Brito here.

We look forward to a stimulating set of posts from Hal — and he isn’t shy, so don’t hesitate to weigh in in the comments!

Today at 12:30 at the Capitol Visitor Center, TechFreedom is hosting a discussion on the regulation of search engines:  ”Search Engine Regulation: A Solution in Search of a Problem?”

The basics:

Allegations of “search bias” have led to increased scrutiny of Google, including active investigations in the European Union and Texas, a possible FTC investigation, and sharply-worded inquiries from members of Congress. But what does “search bias” really mean? Does it demand preemptive “search neutrality” regulation, requiring government oversight of how search results are ranked? Is antitrust intervention required to protect competition? Or can market forces deal with these concerns?

A panel of leading thinkers on Internet law will explore these questions at a luncheon hosted by TechFreedom, a new digital policy think tank. The event will take place at the Capitol Visitor Center room SVC-210/212 onTuesday, June 14 from 12:30 to 2:30pm, and include a complimentary lunch. CNET’s Declan McCullagh, a veteran tech policy journalist, will moderate a panel of four legal experts:

More details are here, and the event will be streaming live from that link as well.  If all goes well, it will also be accessible right here:

http://www.ustream.tv/flash/viewer.swf

Live Broadcasting by Ustream

Watching Obamacare dissolve in a morass of legal challenges and waivers points out another benefit of markets.   Markets proceed incrementally.  The Internet has made a huge difference in all of our lives.  But the process was gradual.  It began with just a few academic users and then expanded as entrepreneurs figured out next steps.  In 1990 no one planned today’s Internet; no one could have.  There were individual successes, some of which persisted (Amazon) and some of which succeeded for awhile and then failed (AOL).  But the whole thing is a mass of small steps that led to what we have today.  More small steps will lead to tomorrow’s Internet which will be something no one today can foresee.

Obamacare (and many other government efforts) is not incremental.  It is a 2000 page law trying to remake the entire medical system from the top down.  No such system can succeed.  No one can foresee the interactions of all of the parts that are part of this law.

Other proposals for reform — allow interstate sales of medical insurance, cap tax deductibility of insurance premiums — are incremental in nature.  Such proposals allow us to try a small step and see if it works and proceed from there.  We cannot forecast the results of these small steps, but we do not need to.  They are small and easy to reverse if they fail.  Moreover, they leave room for entrepreneurs to modify them in unpredictable ways.  If we allow interstate sales, which models will work best?  No one knows, but lots of people will try to figure it out and some of them will make lots of money and give us a better system.

Professors Henderson and Ribstein touch on two theoretical failures of the behavioralist movement which both reveal the prematurity of ‘behaviorally-informed’ regulatory proposals: the behavioralist assumptions that (1) behavioral biases theoretically necessitate, or at least enable, public intervention, and (2) governmental entities can net improve individual outcomes over the status quo of unfettered, if limited, human capabilities.  I think both of these observations highlight the shocking dearth of theoretical exploration amongst behavioralists thus far.  I want to focus on connecting these assumptions to the connection between behavioral economics and administrative regulation.

Continue Reading…

Time to go

Todd Henderson —  21 September 2010

This episode has had a profoundly negative impact on me. To be sure, I deserved and even welcomed criticism of my remarks. But the firestorm this created was completely unanticipated. Lies and misinformation, like that our family earns $450,000, spread uncontrollably. One of the perpetrators, Henry Blodget, has graciously agreed to correct this mistake. (Thank you, Henry.) I cannot begin to undo the problems this has caused. So I will stop and let the fire burn out. I don’t want or need pity from anyone. As bad as things are in this for me, many have it far worse. A wise and dear friend sent me a Yiddish saying: for a worm in horseradish, the whole world is horseradish. This worm is caught in a horseradish, but I can see beyond it.

The reason for this note is because I’ve decided to hang up my blogging hat. I was a fool, and I didn’t anticipate how this kind of thing could happen. As many of our readers and my students know, I’m opinionated and willing to push boundaries. This is what I think is the role of a professor, and blogging allowed me to do it in an informal and diverse manner. But I misunderstood the technology, and the consequences are devastating for me personally. I wish I had just stuck to blogging about corporate law and such, but I couldn’t help myself. Self restraint would have been the better course. Perhaps someday I will return and limit my commentary to my academic areas of interest. For now though, I have to say good bye. I’ve enjoyed the experience and the interactions I’ve had with readers and, of course, my co-bloggers. I am sad to leave, but my family has to come first, and my blogging has caused them incalculable damage.

A final note: I am especially saddened that my post was misconstrued as being about anything other than the impact that tax increases will have on people at the lower end of the high-income bracket. Agree or disagree, certainly questions like this need to be part of the equation. I understand the suffering of the world and the good fortune I have. The debate is not, or should not, be about whether we should try to improve the well being of everyone in our neighborhoods, our country, and around the world, but how. I have different ideas about this than many of our readers and my critics, but my motives are the same as theirs. I’ve never made up stuff about them, distorted their arguments, or questioned their good intentions. I would expect the same in return.

Farewell.

I’m sorry

Todd Henderson —  20 September 2010

The posts that generated an unintended blogocane have been deleted. I stand by the posts, the facts in them, and the points they were making. The reason I took the very unusual step of deleting them is because my wife, who did not approve of my original post and disagrees vehemently with my opinion, did not consent to the publication of personal details about our family. In retrospect, it was a highly effective but incredibly stupid thing to do. The electronic lynch mob that has attacked and harassed me — you should see the emails sent to me personally! — has made my family feel threatened and insecure. We recently had a very early preemie, and this was a quite inopportune time to bring this on my family. For the record, I still think the planned tax increases will negatively impact my family and my country, but that is basically all I should have said. To my wife, my three children, and to anyone who was offended by my remarks, please accept my apologies. To those with pitchforks trying to attack me instead of my message, I feel sorry for you. You have caused untold damage to me personally. I may be wrong, even stupid, but I don’t think I deserved that.

Ideoblog archives

Larry Ribstein —  23 June 2010

For those who want an easy way to get into six years of Ideoblog posts, here’s the old archives (also linked in the top bar and listed on the bottom left hand side).