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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?
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
Can Profit-Maximizing Enterprises Systematically Leave Money on the Table? The Curious Case of the BCS
For years the public has been clamoring for a playoff system to crown a champion in college football. Yet the geniuses at the BCS stubbornly defended—at least until now—their computer-knows-best system for inviting the two most worthy teams. By injecting doubt over the legitimacy of its invitees, the current system diminishes the meaning of the ... Can Profit-Maximizing Enterprises Systematically Leave Money on the Table? The Curious Case of the BCS
Social Search, Efficiencies of Integration, and Antitrust
The web is all abuzz about possible antitrust implications concerning Google’s new personalized search (see, e.g., here and here), integrating search with Google Plus. Here is Google’s description of “Search, plus Your World”: We’re transforming Google into a search engine that understands not only content, but also people and relationships. We began this transformation with ... Social Search, Efficiencies of Integration, and Antitrust
The Economics of Being Able to Fire People Who Provide Me Services
Via Professor Bainbridge, I read today about the nonsense surrounding Mitt Romney enjoying firing people. I’m late to the this one, but here is the quote in context for anybody who missed it: “I want individuals to have their own insurance,” he said. “That means the insurance company will have an incentive to keep you ... The Economics of Being Able to Fire People Who Provide Me Services
Research Bleg: Competition Settlements With Conditions (Arguably) Contrary to Consumer Welfare
Judge Ginsburg and I are working on a project for an upcoming festschrift in honor of Bill Kovacic. The project involves the role of settlements in the pursuit of the goals of antitrust. In particular, we are looking for examples of antitrust settlements between competition agencies and private parties — in the U.S. or internationally ... Research Bleg: Competition Settlements With Conditions (Arguably) Contrary to Consumer Welfare
