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The NCAA (and St. Joseph’s) Strikes Again: The Case of Todd O’Brien
The NCAA recently denied Todd O’Brien’s appeal to make use of the Grad Student Transfer Exception — which would allow O’Brien, who graduated St. Joseph’s with a degree in economics, to continue playing basketball while pursuing a graduate degree in Public Administration at University of Alabama-Birmingham. St. Joe’s, apparently at the behest of a college ... The NCAA (and St. Joseph’s) Strikes Again: The Case of Todd O’Brien
The Internet Hysteria Index
Courtesy of Scott Wallsten and Amy Smorodin at Technology Policy Institute (HT: Tom Hazlett): The Internet is without doubt the most powerful inspiration for hyperbole in the history of mankind. Some extol the Internet’s greatness, like Howard Dean, who called the Internet “the most important tool for re-democratizing the world since Gutenberg invented the printing ... The Internet Hysteria Index
The NYT on why law school is expensive
It’s Sunday so the NYT has another David Segal screed on legal education. This time he presents the insight that law school is expensive because of accreditation standards that prevent law schools from containing costs even if they wanted to. Segal says, “[t]he lack of affordable law school options, scholars say, helps explain why so ... The NYT on why law school is expensive
Poets vs. capitalists
Eric Felten writing in yesterday’s WSJ, observes the hypocrisy of the poets who withdrew from competition for the T.S. Eliot Poetry Prize because it was funded by a financial firm. “Hedge funds are at the very pointy end of capitalism” sniffed one self-described “anti-capitalist in full-on form.” The anarchist vegan correctly observed that the funder’s ... Poets vs. capitalists
The ineffectiveness of internal controls reporting
We have heard much about the costs of internal controls reporting under SOX 404. Proponents argue that the fraud reduction is worth the costs. One might question this in light of anecdotes like all the missing cash at MF Global (and many other post-SOX securities fraud suits where auditors and executives had signed off on ... The ineffectiveness of internal controls reporting
The global threat to U.S. law
A lot of ink has been spilled about the technology threat to traditional law practice. But U.S. law firms need also to worry about lawyers elsewhere in the world. The WSJ reports that Beijing-based King & Wood is planning to join with Australian firm Mallesons Stephen Jaques to form Hong Kong-based verein King & Wood ... The global threat to U.S. law
Some Links
Professor Bainbridge properly gives candidate Gingrich the treatment Professor Ribstein dished out to Professor Krugman on private equity Jury deliberates in $1B antitrust lawsuit against Microsoft (USA Today) Clock stops on EU review of Google-Motorola acquisition (BNA) Analyst argues that killing the AT&T-T-Mobile transaction will pose risks for investors as the former searches for others ... Some Links
Fish on law teaching
Stanley Fish opines on the NYT’s recent criticisms of legal education (HT Leiter): The expert practitioner is expert in part because when he listens to a client or walks into a courtroom the field of action is already configured for him by an internalized understanding of what could possibly be at stake in proceedings like ... Fish on law teaching
Preempting state securities laws
States can be a wonderful laboratory and platform for jurisdictional competition. But sometimes the laboratory seems to belong to Dr. Frankenstein and then federal law must step in to bring order. Biff Campbell thinks Reg D has failed its intended purpose and the reason is state law. Here’s part of the abstract: Regulation D * ... Preempting state securities laws
AAI’s Antitrust Jury Instruction Project: A good idea in theory, but…
The American Antitrust Institute has announced plans to draft a comprehensive set of jury instructions for antitrust trials. According to AAI president Bert Foer: In Sherman Act Section 1 and Section 2 civil cases, judges tend to gravitate towards the ABA Model Instructions as the gold standard for impartial instructions. … The AAI believes the ABA model ... AAI’s Antitrust Jury Instruction Project: A good idea in theory, but…
The EU and jurisdictional competition for hedge fund regulation
The NYT reports: When he rejected a new European accord on Friday that would bind the continent ever closer, Prime Minister David Cameron seemingly sacrificed Britain’s place in Europe to preserve the pre-eminence of the City, London’s financial district. The question now is whether his stance will someday seem justified, even prescient. Mr. Cameron refused ... The EU and jurisdictional competition for hedge fund regulation
Sex and the business association
Should domestic relationships be modeled on corporations, partnerships or other business associations? This idea may seem attractive. As I have argued, both business and family relationships can be viewed as standard forms, which are useful for filling gaps in long-term contractual relationships. Borrowing contract-type thinking from business associations also could help break through the norm-driven ... Sex and the business association
