The Archives

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

Showing results for:  “digital markets act”

Ted Frank, class action crusader

Today’s WSJ has a great article about class action crusader Ted Frank, who is (1) out to kill class actions or (2) make them fairer by getting better settlements for plaintiffs (and worse for their lawyers), depending on whether you believe Ted or those whose oxen he has gored (class action lawyers).  I believe Ted. For ... Ted Frank, class action crusader

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

The uncorporate approach to poor earnings

Yesterday’s WSJ reported that hedge funds are facing possible investor redemption demands: As the year comes to a close, some investors say they are reviewing how their managers have performed through the recent volatility and are making decisions about whether to cash out of underperforming funds. Investors who want out before the end of the ... The uncorporate approach to poor earnings

The Bulldozer Solution to the Housing Crisis

My inaugural blog on two-sided markets did not elicit much reaction from TOTM readers. Perhaps it was too boring. In a desperate attempt to generate a hostile comment from at least one housing advocate, I have decided to advocate bulldozing homes in foreclosure as one (of several) means to relieve the housing crisis. Not with ... The Bulldozer Solution to the Housing Crisis

A new approach to consumer regulation: firm ownership

We have heard a lot about how business exploits consumer biases and therefore we need more regulation and disclosure.  By the time the Consumer Financial Protection Bureau gets up to speed, maybe the regulators will realize their dream of consumers behaving as they should.  In the meantime, Ryan Bubb and Alex Kaufman have another approach ... A new approach to consumer regulation: firm ownership

Surowiecki on small firms

The New Yorker’s James Surowiecki writes that politicians are misguided in the current push to help small business. He notes a recent book on how regulatory bias against the growth of A & P, including the Robinson-Patman Act, hurt consumers by raising prices. He also notes evidence that the countries with the highest percentage of ... Surowiecki on small firms

The emerging venue battle in El Paso/Kinder Morgan

T-R’s Alison Frankel writes (HT Pileggi) about dueling suits in Texas and Delaware challenging the El Paso/Kinder Morgan merger: Three class actions in Texas state court and two class actions and a shareholder derivative suit in Delaware Chancery. It looks like this merger may bring to a head the “escape from Delaware” phenomenon I discussed ... The emerging venue battle in El Paso/Kinder Morgan

Law and economics and the future of law teaching

My blogging colleague Josh Wright has a useful summary of the “Chicago School’s” views of the future of law and economics.  I have some further thoughts. I think the key challenge and imperative for law and econ scholars in law schools will be to relate what they do to the market for their output — ... Law and economics and the future of law teaching

Chicago’s View on the Future of Law and Economics

A very interesting group of essays on the future of law and economics by ten University of Chicago professors.  It is especially interesting in light of the attempt to revitalize law and economics in Chicago.  The essays exhibit a great diversity in views of what lies in store for the future of law and economics ... Chicago’s View on the Future of Law and Economics

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

A questionable criticism of “alternative” entities

Steve Bainbridge invites my opinion of Delaware lawyer Edward McNally’s view that alternative entities “may not protect investors.” By “alternative entities” he is referring to limited liability companies and limited partnerships, despite his own recognition that they “have become the preferred form of entity for new businesses” (so why aren’t corporations “alternative entities”)? He uses ... A questionable criticism of “alternative” entities

Law Review Publishing Norms and Inefficient Performance

One of my colleagues recently accepted a publication offer on a law review article, only to receive a later publication offer from a much more prestigious journal.  This sort of occurrence is not uncommon in the legal academy, where scholars submitting articles for publication do not offer to publish their work in a journal but rather solicit publication offers from journals (and generally solicit ... Law Review Publishing Norms and Inefficient Performance