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

Showing results for:  “digital markets act”

Gillian Hadfield on Right-Regulating Legal Markets

Although it has the zing of a slogan that I myself have often used, the call to ‘deregulate’ the legal profession is misleading.  Yes, most of us who argue that the legal profession is excessively closed to competition—in a way that hampers both access and innovation, as I have argued in recent papers—think that the ... Gillian Hadfield on Right-Regulating Legal Markets

William Henderson on Are We Asking the Wrong Questions About Lawyer Regulation?

The TOTM Unlocking the Law Symposium is designed to raise a host of questions surrounding lawyer regulation, including ending lawyer licensure requirements and the ban on non-lawyer investment. My thesis, for better or worse, is that we may be asking the wrong questions.  Despite the stringent regulations placed on lawyers, ingenious entrepreneurs—most of them non-lawyers—are ... William Henderson on Are We Asking the Wrong Questions About Lawyer Regulation?

Robert Crandall on We Need More Lawyers!

Several years ago, when Cliff Winston and I began looking at the incomes earned by lawyers, we were struck by several facts. First, after accounting for age, years of education, experience and various other demographic influences, we found that the income premium earned by lawyers had increased by about 50 percent between 1975 and 2004, ... Robert Crandall on We Need More Lawyers!

Larry Ribstein on Deregulating Lawyers Whether They Like it or Not

Much of the writing on deregulating the legal profession asks skeptically whether it could or should happen.  It was logical to wonder what could change when the profession was locked up tight by the lawyers themselves. What opposing political interest group was comparably well-organized or well-informed? Consumers could sue to break up the regulatory monopoly, ... Larry Ribstein on Deregulating Lawyers Whether They Like it or Not

Exclusion Still Doesn’t Explain Verizon’s Stock Price Non-Reaction to the DOJ Challenge Announcement (Correcting AAI’s Letter to the WSJ Editor)

Yale’s George Priest authored an op-ed in the WSJ on September 6th in which he raised a few of the arguments discussed here at TOTM over the past several weeks regarding the proposed AT&T / T-Mobile merger.  For example, we’ve focused upon the tension between the DOJ complaint’s theories of competitive harm (coordinated and unilateral ... Exclusion Still Doesn’t Explain Verizon’s Stock Price Non-Reaction to the DOJ Challenge Announcement (Correcting AAI’s Letter to the WSJ Editor)

The tangled duty to tell the whole truth

A recent NY App. Div case, Pappas v. Tzolis, presents a tangled web that illustrates the current state of the LLC contracting architecture in the U.S. I previously discussed the lower court opinion in this case, concluding that ” any appeal of this judgment should be interesting.” (See also Peter Mahler.) I was right about ... The tangled duty to tell the whole truth

SEC Organizational Reform Hearing

The semester is off to a bang.  I arrived at Stanford Monday to start teaching in the Law School and begin a research fellowship at the Hoover Institution.  Yesterday I hiked in the mountains overlooking the SF Bay.  Today I am flying back to DC (and blogging in flight, how cool is that) to testify ... SEC Organizational Reform Hearing

The man who invented the hostile takeover

Henry Manne first theorized the market for corporate control, but the man who first put the concept into action was Louis E. Wolfson.  I blogged briefly about Wolfson when he died in 2008.  Now you can read more about him in Alan M. Weinberger, What’s in a Name?– The Tale of Louis Wolfson’s Affirmed, 39 Hofstra ... The man who invented the hostile takeover

New on SSRN: Preemption and Choice-of-Law Coordination

My new paper with Erin O’Hara O’Connor has just been posted.  The paper analyzes preemption in light of the theories presented in our book, The Law Market.  I earlier discussed our evolving ideas and their application to the Supreme Court’s recent arbitration and immigration decisions.  Here’s the abstract: The scope of federal preemption of state ... New on SSRN: Preemption and Choice-of-Law Coordination

NY Times (and maybe Professor Hovenkamp?!) Confused About the Merger Guidelines

The NY Times starts its op-ed against the AT&T / T-Mobile transaction with a false proposition about antitrust analysis of mergers: “The analysis begins with a mathematical formula for calculating the deal’s effect on competition.”  Any antitrust lawyer or economist will recognize the error.  A major change from the 1997 Horizontal Merger Guidelines to the ... NY Times (and maybe Professor Hovenkamp?!) Confused About the Merger Guidelines

New Yorker captions and the law

For years I’ve been trying to win the New Yorker caption contest.  After repeated failure I’ve finally decided my problem is that I’m not a typical New Yorker reader.  Which means that I read the Wall Street Journal. So now the WSJ has a story (who will read it?) on other people who have had ... New Yorker captions and the law

My Reflections on The Senate CFPB Hearing

[Cross-posted at PYMNTS.COM] Richard Cordray’s nomination hearing provided an opportunity to learn something new about the substantive policies of the new Consumer Financial Protection Bureau.  Unfortunately, that opportunity came and went without answering many of the key questions that remain concerning the impact of the CFPB’s enforcement and regulatory agenda on the availability of consumer ... My Reflections on The Senate CFPB Hearing