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

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Competition on layaway fees  Price discrimination over restaurant reservation times (HT: NY Times) Steve Calabresi & Larissa Price on the history of government granted monopolies and the constitution  A settlement in the EU E-books investigation?

“The prospect of O’Bannon v. NCAA radically reshaping college sports is real”

Michael McCann (Vermont, CNNSI) has a very interesting column on developments in Ed O’Bannon’s lawsuit against the NCAA.   O’Bannon is challenging the NCAA’s licensing of the names, images and likenesses of former Division I college athletes for commercial purposes without compensation or consent.  McCann discusses the implications of O’Bannon’s motion to expand the class to ... “The prospect of O’Bannon v. NCAA radically reshaping college sports is real”

The Nirvana Fallacy is Not the “Fiction” Fallacy

In a response to my essay, The Trespass Fallacy in Patent Law, in which I explain why patent scholars like Michael Meurer, James Bessen, T.J. Chiang and others are committing the nirvana fallacy in their critiques of the patent system, my colleague, T.J. Chiang writes at PrawfsBlawg: The Nirvana fallacy, at least as I understand ... The Nirvana Fallacy is Not the “Fiction” Fallacy

Eric Goldman on the role and importance of Section 230 immunity

For those who follow these things (and for those who don’t but should!), Eric Goldman just posted an excellent short essay on Section 230 immunity and account terminations. Here’s the abstract: An online provider’s termination of a user’s online account can be a major-and potentially even life-changing-event for the user. Account termination exiles the user ... Eric Goldman on the role and importance of Section 230 immunity

The Trespass Fallacy in Patent Law

Thank you to Josh for inviting me to guest blog on Truth on the Market.  As my first blog posting, I thought TOTM readers would enjoy reading about my latest paper that I posted to SSRN, which has been getting some attention in the blogosphere (see here and here).  It’s a short, 17-page essay — see, ... The Trespass Fallacy in Patent Law

Welcome TOTM Guest Blogger Adam Mossoff

My GMU colleague Adam Mossoff has been on and around the blogs this week — or at least, other people have been writing about him and particularly about his new paper  The Trespass Fallacy in Patent Law.  For example, here are a few reactions at Prawfsblawg and Patently-O.  I’ve been trying to get Professor Mossoff on ... Welcome TOTM Guest Blogger Adam Mossoff

Attention Economists and Economics Graduate Students: Want to Go to Law School for Free?

I have recently joined my colleague Bruce Johnsen as co-director of the Robert A. Levy Fellowship in Law and Liberty at GMU Law.  It is a very generous fellowship — a tuition waiver plus a generous stipend —  for economists who have their PhD’s or “ABD” status to come to law school on our dime along with ... Attention Economists and Economics Graduate Students: Want to Go to Law School for Free?

NPR’s List of Policies Economists Love

The NPR put together a panel of economists with various political and ideological views to see what economists agree on.  (HT: Mankiw) Here is the list: One: Eliminate the mortgage tax deduction, which lets homeowners deduct the interest they pay on their mortgages. Gone. After all, big houses get bigger tax breaks, driving up prices for ... NPR’s List of Policies Economists Love

Diveley on Phoebe Putney and Clarifying State Action Doctrine

My former student and recent George Mason Law graduate (and co-author, here) Angela Diveley has posted Clarifying State Action Immunity Under the Antitrust Laws: FTC v. Phoebe Putney Health System, Inc.  It is a look at the state action doctrine and the Supreme Court’s next chance to grapple with it in Phoebe Putney.  here is ... Diveley on Phoebe Putney and Clarifying State Action Doctrine

Larry Ribstein wins ABA’s Martin I. Lubaroff Award

We are delighted to report that the ABA Business Law Section has posthumously awarded Larry Ribstein its Martin I. Lubaroff Award, presented annually to a lawyer who has consistently demonstrated leadership, scholarship, and outstanding service in LLCs, Partnerships and Unincorporated Entities law.  That describes no one so well as Larry. The award was established in 2001 ... Larry Ribstein wins ABA’s Martin I. Lubaroff Award

From July 30 WSJ

Wall Street Journal OPINION July 31, 2012 ‘A Climate That Helps Us Grow’ By PAUL H. RUBIN President Obama’s riff on small business—”If you’ve got a business, you didn’t build that, somebody else made that happen”—has become a major controversy. The Romney campaign has made this quote the subject of several speeches and ads, and ... From July 30 WSJ

Top 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal (June 4, 2012 to August 3, 2012)

HT: Danny Sokol. TOP 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal June 4, 2012 to August 3, 2012. Rank Downloads Paper Title 1 244 The Antitrust/Consumer Protection Paradox: Two Policies at War with Each Other  Joshua D. Wright, George Mason University – School of Law, Faculty, Date posted to database: May 31, ... Top 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal (June 4, 2012 to August 3, 2012)