The Archives

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

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Privacy in Europe

The EU is apparently thinking of adopting common and highly restrictive privacy standards which would make use of information by firms much more difficult and would require, for example, that data be retained only as long as necessary.  This is touted as pro-consumer legislation.  However, the effects would be profoundly anti-consumer.  For one thing, ads ... Privacy in Europe

Call for Papers for the Haas-Sloan Conference on the Law & Economics of Organization

Haas-Sloan Conference on  The Law & Economics of Organization: New Challenges and Directions Nov. 30-Dec. 1, 2012 The Walter A. Haas School of Business, with support from the Alfred P. Sloan Foundation, is issuing a call for original research papers to be presented at the Conference on The Law & Economics of Organization: New Challenges ... Call for Papers for the Haas-Sloan Conference on the Law & Economics of Organization

Stan Liebowitz on Piracy and Music Sales

Stan Liebowitz (UT-Dallas) offers a characteristically thoughtful and provocative op-ed in the WSJ today commenting on SOPA and the Protect IP Act.  Here’s an excerpt: You may have noticed last Wednesday’s blackout of Wikipedia or Google’s strange blindfolded-logo screen. These were attempts to kill the Protect IP Act and the Stop Online Piracy Act, proposed ... Stan Liebowitz on Piracy and Music Sales

What if the Government Ordered the Human Rights Campaign to Cover Conversion Therapy for Gays?

A thought experiment: It’s late January 2016.  Newt Gingrich is President.  The House of Representatives is solidly Republican, and there’s a slight Republican majority in the Senate.  Because Republicans lack a filibuster-proof majority in the Senate, the Affordable Care Act (a.k.a. Obamacare) remains on the books.  (The reconciliation process, which allowed the law to be ... What if the Government Ordered the Human Rights Campaign to Cover Conversion Therapy for Gays?

SOPA, Incentives and Efficiency

The fight over SOPA is about the ownership of intellectual property.  Rights to intellectual property have two effects.  The benefits of intellectual property are the incentives for creation.  The costs are that after some work is created any price above marginal cost (which is often zero for digital property) will discourage valuable use. Every piece ... SOPA, Incentives and Efficiency

A “Reasonable Profits Board”? If Only It Were From the Onion…

A Congressional Bill proposing a “Reasonable Profits Board” so that profits on the sale of oil and gas in excess of what is “reasonable” can be subjected to a windfall tax.  A brief description: According to the bill, a windfall tax of 50 percent would be applied when the sale of oil or gas leads ... A “Reasonable Profits Board”? If Only It Were From the Onion…

A Decision-Theoretic Approach to Insider Trading Regulation

Regular readers will know that several of us TOTM bloggers are fans of the “decision-theoretic” approach to antitrust law.  Such an approach, which Josh and Geoff often call an “error cost” approach, recognizes that antitrust liability rules may misfire in two directions:  they may wrongly acquit harmful practices, and they may wrongly convict beneficial (or ... A Decision-Theoretic Approach to Insider Trading Regulation

Divining a Regulator’s Intent

Regulated firms and their Washington lawyers study agency reports and public statements carefully to figure out the rules of the road; the clearer the rules, the easier it is for regulated firms to understand how the rules affect their businesses and to plan accordingly. So long as the regulator and the regulated firm are on ... Divining a Regulator’s Intent

Macey on Anticapitalist Claptrap, Private Equity, and Politics

Jonathan Macey (Yale) defends private equity against nonsensical attacks from Newt Gingrich, Jon Huntsman and others (Rick Perry is spared by Macey, but not by Bainbridge) in today’s Wall Street Journal: Mitt Romney’s candidacy is subjecting the entire private-equity industry—where Mr. Romney spent most of his business career—to vicious attacks by journalists and several of ... Macey on Anticapitalist Claptrap, Private Equity, and Politics

Olin-Searle-Smith Fellows in Law

I am pleased to pass along the following information regarding Olin-Smith-Searle Fellowships for the upcoming 2012-13 academic year.   The application deadline is March 15, 2012. 2012 – 2013 The Program The Olin-Searle-Smith Fellows in Law program will offer top young legal thinkers the opportunity to spend a year working full time on writing and developing their ... Olin-Searle-Smith Fellows in Law

Fed should stay out of Google/Twitter social search spat

As has become customary with just about every new product announcement by Google these days, the company’s introduction on Tuesday of its new “Search, plus Your World” (SPYW) program, which aims to incorporate a user’s Google+ content into her organic search results, has met with cries of antitrust foul play. All the usual blustering and ... Fed should stay out of Google/Twitter social search spat

GMU Law Review Symposium on High-Tech Antitrust on January 26th

I am very pleased to pass along this information about the 15th Annual Symposium on Antitrust Law on January 26th, 2012 sponsored by the George Mason Law Review, GMU Law & Economics Center, and Kelley Drye & Warren LLP.   The George Mason Law Review, in partnership with the George Mason University Law & Economics ... GMU Law Review Symposium on High-Tech Antitrust on January 26th