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

Showing results for:  “digital markets act”

“A Line in the Sand on the Calls for New Patent Legislation,” by Wayne Sobon

Over at the blog for the Center for the Protection for Intellectual Property, Wayne Sobon, the Vice President and General Counsel of Inventergy, has posted an important essay that criticizes the slew of congressional bills that have been proposed in Congress in recent months.  In A Line in the Sand on the Calls for New Patent ... “A Line in the Sand on the Calls for New Patent Legislation,” by Wayne Sobon

World Series Meltdown, Moneyball, and Ron Washington

Watching my baseball team get eliminated from the World Series was hard to swallow. Watching it happen two years in a row was worse. And watching a manager make critical mistakes when a championship was on the line in Game 6 was beyond the pale. As endearing as Ron Washington is to watch during a ... World Series Meltdown, Moneyball, and Ron Washington

Law as an immature industry

It’s no news that law grads can’t find good law jobs and can’t pay their debts. Steve Bainbridge explains: The post-war expansion of the regulatory state, the opening of the courthouse doors to new claims during the warren Court era, and the litigation explosion provided an exogenous shock that caused demand for lawyers to rise ... Law as an immature industry

The rise of the LLC

Last March I discussed a new article by Rodney Chrisman which shows “that LLCs are by far and away the predominant choice of business structure for newly-formed entities.” I noted then the article’s findings that LLCs are increasingly choosing to be taxed as S Corporations, indicating, as I said, that “the increase in LLCs therefore ... The rise of the LLC

Capitalism on film

Although I wasn’t doing any blogging the last couple of weeks, one of my theories was out there frolicking on its own. Now that I’m back, it’s time to do a little cleaning up. I was chagrined by the attention I received from Marc Abrahams, identified as “editor of the bimonthly Annals of Improbable Research ... Capitalism on film

Lebanon’s Military Capacity

I’m confused about something. What are the capabilities of the Lebanese army? Is it capable of dealing with Hezbollah or not? Till now, the Lebanese position has been: we have not been able to comply with our obligation under UN Security Council Resolution 1559 to disarm Hezbollah because our army is too weak to do ... Lebanon’s Military Capacity

“I’m not going to praise the Leegin decision”

Compared to the nominations of Justices Alito, Roberts and Sotomayor, there has been little excitement for the antitrust community on the most recent Supreme Court nomination of Elena Kagan.  But there is something.   The WSJ Law Blog reports that while Kagan refused to “praise the Leegin decision.”   Legal Times reports that in response to Senator ... “I’m not going to praise the Leegin decision”

Does this count as socialism? Maybe it’s fascism.

Oh, those monikers always confuse me.  So much seems to hang on the right label. When does government intervention in the economy become so extreme that it is appropriate to label it socialist?  Here at TOTM we’ve had this discussion before. But these labels are unhelpful–what matters is the economic effect of regulation. Call it ... Does this count as socialism? Maybe it’s fascism.

A corporation is not a partnership

Peter Mahler discusses a recent NY close corporation case, Pappas v. Fotinas which he describes as “a thoughtful, well-reasoned decision that sets forth the competing factual narratives and operative legal principles.” I defer to Mr. Mahler’s overall assessment of the opinion, and refer the reader to his detailed discussion of the case. But in one respect ... A corporation is not a partnership

Copyright, Property Rights, and the Free Market

Over at Cato Unbound, there has been a discussion this past month on copyright and copyright reform.  In his recent contribution to this discussion, Mark Schultz posted an excellent essay today, Where are the Creators? Consider Creators in Copyright Reform, that calls out the cramped, reductionist view of copyright policy that leads some libertarians and ... Copyright, Property Rights, and the Free Market

Insider trading: Bainbridge responds

Yesterday in criticizing a federal crackdown on insider trading I noted that “[a]ll of this theater can’t hide the dubious public policy underlying these prosecutions.  Insider trading is, at worst, a breach of fiduciary duty which, like other such breaches, can be dealt with under state law.” Steve Bainbridge, an expert on insider trading, responds: I ... Insider trading: Bainbridge responds

Encouragement vs. Incentive: Some Food for Thought in the Copyright Debates

Given the kerfuffle among libertarians and conservatives in the past month over what is basic copyright policy, my colleague and copyright law expert, Chris Newman, sent me this interesting Google Ngram graph on the use of “encouragement” vs. “incentive.”  I won’t commit the fallacy of hasty generalization by inferring any conclusions from this single comparison, ... Encouragement vs. Incentive: Some Food for Thought in the Copyright Debates