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

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RIP, Elinor Ostrom

Nobel Laureate (and UCLA alumna) Elinor Ostrom has passed. From the IU press release: The entire Indiana University community mourns the passing today of Distinguished Professor Elinor Ostrom, who received the 2009 Nobel Prize in Economic Sciences for her groundbreaking research on the ways that people organize themselves to manage resources. Ostrom, 78, died of ... RIP, Elinor Ostrom

Mayor Bloomberg is 1 for 2

Mayor Michael Bloomberg of New York is being justly criticized for his rather silly idea of banning sales of sugar drinks in sizes larger than 16 ounces in various public venues.  Most of the critics focus on the paternalism (updated to be now called  nannyism) of this ban.  However,  aside from being paternalistic, it is ... Mayor Bloomberg is 1 for 2

Wise and Timely Counsel from John Taylor, F.A. Hayek, and Reagan’s Economic Advisers

In light of yesterday’s abysmal jobs report, yesterday’s Wall Street Journal op-ed by Stanford economist John B. Taylor (Rules for America’s Road to Recovery) is a must-read.  Taylor begins by identifying what he believes is the key hindrance to economic recovery in the U.S.: In my view, unpredictable economic policy—massive fiscal “stimulus” and ballooning debt, the Federal ... Wise and Timely Counsel from John Taylor, F.A. Hayek, and Reagan’s Economic Advisers

New Article Forthcoming in Yale Law Journal: The Antitrust/ Consumer Protection Paradox: Two Policies At War With One Another

Yale Law Journal has published my article on “The Antitrust/ Consumer Protection Paradox: Two Policies At War With One Another.”  The hat tip to Robert Bork’s classic “Antitrust Paradox” in the title will be apparent to many readers.  The primary purpose of the article is to identify an emerging and serious conflict between antitrust and ... New Article Forthcoming in Yale Law Journal: The Antitrust/ Consumer Protection Paradox: Two Policies At War With One Another

Why Don’t Judges Appoint Experts in Antitrust Cases?

Judge Posner’s decision to appoint a expert in the patent dispute before him in the Seventh Circuit between Apple and Motorola has received some attention.  ABA Journal Though Posner is an appeals judge with the Chicago-based 7th U.S. Circuit Court of Appeals, he likes to volunteer for trials, the Chicago Tribune reports. In a speech at the ... Why Don’t Judges Appoint Experts in Antitrust Cases?

Simpson Thacher Adds FTC’s Matt Reilly

From Competition Policy International (via The Blog of Legal Times): Matt Reilly, former Assistant Director of the Federal Trade Commission, is joining Simpson Thacher & Bartlett. Reilly will partner the firm’s Antitrust Practice and be based in its D.C. office. His move comes after 13 years at the FTC, where he was the lead litigator ... Simpson Thacher Adds FTC’s Matt Reilly

Announcing The Journal of Antitrust Enforcement

An interesting new joint venture between Oxford University Press, Ariel Ezrachi, and Bill Kovacic (GW).  Sounds like a fantastic idea and with top notch management and might be of interest to many of our readers. The Journal of Antitrust Enforcement  Call for Papers – The Journal of Antitrust Enforcement (OUP) Oxford University Press is delighted ... Announcing The Journal of Antitrust Enforcement

Apple Responds to the DOJ e-Books Complaint

Apple has filed its response to the DOJ Complaint in the e-books case.  Here is the first paragraph of the Answer: The Government’s Complaint against Apple is fundamentally flawed as a matter of fact and law. Apple has not “conspired” with anyone, was not aware of any alleged “conspiracy” by others, and never “fixed prices.” ... Apple Responds to the DOJ e-Books Complaint

AALS Call for Papers “Insurance and Consumer Protection Law”

Call for Papers AALS Section on Insurance Law “Insurance and Consumer Protection” 2013 AALS Annual Meeting January 4-7, 2013 New Orleans, Louisiana The AALS Section on Insurance Law will hold a program on Insurance and Consumer Protection during the AALS 2013 Annual Meeting in New Orleans. The program is scheduled for Sunday, January 6, 2013, from 10:30 ... AALS Call for Papers “Insurance and Consumer Protection Law”

From the Thursday May 24 Wall Street Journal

In criticizing Governor Romney’s involvement with Bain Capital, President Obama commented both on private equity and on profit maximization.  Most of the comments I have seen dealt with the private equity.  I thought a comment on profit maximization was important as well. OPINION Updated May 23, 2012, 7:51 p.m. ET A Tutorial for the President ... From the Thursday May 24 Wall Street Journal

New Technology in Europe

Last week the New York Times ran an article, “Building the Next Facebook a Tough Task in Europe“, by Eric Pfanner, discussing the lack of major high tech innovation in Europe.  Eric Pfanner discusses the importance of such investment, and then speculates on the reason for the lack of such innovation.  The ultimate conclusion is ... New Technology in Europe

A Two-Tier Plan By Any Other Name?

Paul Fain has an interesting update today on the issue of two-tier pricing for California’s community college system. Santa Monica College rocked the boat in March when it announced plans to start using a two-tier pricing schedule that would charge higher tuition rates for high-demand courses. Santa Monica–and most all community colleges in California apparently–have ... A Two-Tier Plan By Any Other Name?