The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “digital markets act”

Delaware's Future

I share Prof. Ribstein’s concerns about the federalization of corporate governance contained in the Dodd bill.  Though Senator Carper wasn’t able, in the end, to get the proxy access provisions out of the Dodd Bill, which I think were the most troubling, we did eliminate another of Senator Schumer’s ideas. (The corporate governance provisions of ... Delaware's Future

Illinois Corporate Colloquium: Choi on SEC backdating investigations

Yesterday at the Illinois Corporate Colloquium Steve Choi presented his paper (with Pritchard and Weichman), Scandal Enforcement at the SEC: Salience and the Arc of the Option Backdating Investigations.  Here’s the abstract: We study the impact of scandal-driven media scrutiny on the SEC’s allocation of enforcement resources. We focus on the SEC’s investigations of option ... Illinois Corporate Colloquium: Choi on SEC backdating investigations

Joshua Wright: Embodying the Spirit of Bipartisanship

There’s an old saying, “It’s better to light a single bipartisan candle than to curse the darkness caused by your opponents.” This might not be the way most people articulate this proverb, but in Washington D. C. anyone who, like Commissioner Joshua Wright, puts so much effort into finding, developing, and promoting bipartisan agreement is ... Joshua Wright: Embodying the Spirit of Bipartisanship

Todd Henderson on Project Behavior: What the Battle is Really About

Lying in bed for the past day with a stomach bug, I’ve enjoyed reading the contributions of my friends and colleagues. Perhaps the wisest course would be to, like Leonardo DiCaprio’s character pretending to be a doctor in “Catch Me If You Can,” say “I concur” and slip back under the covers. My general views ... Todd Henderson on Project Behavior: What the Battle is Really About

My Con Law Prof Flubs the Constitution…Again.

Once again, my constitutional law professor has embarrassed me with his gross misunderstanding of the U.S. Constitution.  First, he insisted that it would be “unprecedented” for the U.S. Supreme Court to overturn a statute enacted by a “democratically elected Congress.”  Seventh-grade Civics students know that’s not right, but Mr. Obama’s misstatement did have its intended ... My Con Law Prof Flubs the Constitution…Again.

Google, Vertical Integration, and Beer

First, Google had the audacity to include a map in search queries suggesting a user wanted a map.  Consumers liked it.  Then came video.  Then, they came for the beer: Google’s first attempt at brewing has resulted in a beer that taps ingredients from all across the globe. They teamed up with Delaware craft brewery ... Google, Vertical Integration, and Beer

Broken Tax Promises

Remember this? How about this?: GEORGE STEPHANOPOULOS:  You were against the individual mandate… PRESIDENT OBAMA:  Yes. STEPHANOPOULOS:  …during the campaign.  Under this mandate, the government is forcing people to spend money, fining you if you don’t. How is that not a tax? OBAMA:  Well, hold on a second, George. Here — here’s what’s happening.  You ... Broken Tax Promises

Drugs and federalism

I’m no expert on the topic (I anxiously await Randy Barnett’s comments), but does anyone else think the opinion in Gonzales v. Oregon issued today (limiting the application of the Controlled Substances Act and upholding Oregon’s assisted suicide law) could have been a masterful dissent in Gonzales v. Raich (reading the Controlled Substances Act to ... Drugs and federalism

An open letter on insider trading to Gene Fama and Ken French

Dear Gene and Ken: I must say that I was totally flabbergasted when I read your recent blog posting on insider trading.  I know that your usual posts on investments, which I often cite to friends, are well-informed and empirically-supported; your work over the years on these topics is important and influential—and rightly so.  Unfortunately, ... An open letter on insider trading to Gene Fama and Ken French

Controlling ATM Fees: Competition Versus Political Fiat

Taking a page from Rahm Emanuel’s never let a serious crisis go to waste playbook, our esteemed senators are loading the pending financial reform legislation, ostensibly aimed at preventing future financial meltdowns, with all sorts of wish-list items that have nothing to do with financial crises. Iowa Senator Tom Harkin, for example, has introduced an ... Controlling ATM Fees: Competition Versus Political Fiat

Debunking the New York Times Editorial on Wireless Competition

Yesterday, the editorial page of the New York Times opined that wireless consumers needed “more protection” than that afforded by voluntary agreements by the carriers and existing regulation. The essay pointed to the “troublesome pricing practices that have flourished” in the industry, including Verizon’s alleged billing errors, as the basis for stepped up enforcement. As ... Debunking the New York Times Editorial on Wireless Competition

Fair Search’s Google-ITA Video

A link to the video is available here. The video has all of the standard ingredients of a competitor complaint:  (1) a slogan (“Stand with Bob”), (2) anti-corporate rhetoric (“Freedom not Google Profit!”), and (3) appeals to provocative statements from a CEO.   Meanwhile, Google rivals have also turned their attention to Congress.  I suppose the ... Fair Search’s Google-ITA Video