Showing results for: “digital markets act”
A response to LawProf and MacEwen
I wasn’t going to comment on LawProf’s attacks on his profession. But now that it has been endorsed by Bruce MacEwen, aka Adam Smith, Esq., an otherwise insightful commentator on the legal profession, I feel compelled to say something. In a nutshell, MacEwen endorses what he says are LawProf’s three primary points: that the rising ... A response to LawProf and MacEwen
The Durbin Fee
Given the crucial role debit card “swipe” fees played in causing the recent financial crisis, Illinois Senator Dick Durbin insisted that the Dodd-Frank law (you know, the one that left Fannie and Freddie untouched) impose price controls on debit card transactions. Ben Bernanke, who apparently doesn’t have enough on his plate, was tasked with determining banks’ processing and fraud-related costs ... The Durbin Fee
Competing Against Bundled Discounts: Lessons from Regional Airlines
Flying back from a hiking trip to spectacular Glacier National Park (see pics below the fold), I overheard a flight attendant say something that made me think of, what else?, bundled discounts. “We also fly for Delta,” the United flight attendant told the woman in front of me. That’s when I realized I was really flying on ... Competing Against Bundled Discounts: Lessons from Regional Airlines
D.C. Auction Design Malpractice?
Zipcar apparently has been the exclusive user of the 84 or so parking spaces D.C. allocates to car-sharing companies until very recently when the District’s DOT put them up for auction: The city’s department of transportation offers what are now 84 curbside parking spaces to car-sharing companies, which had up until recently been all Zipcar’s. ... D.C. Auction Design Malpractice?
Doctors and lawyers
I have spent a lot of time recently thinking about and discussing the problems with lawyer licensing and regulation and how it unnecessarily increases the costs and decreases the utility of legal services (e.g., here). I often wonder, and get asked, what about medicine? Like why are there not enough doctors or other medical practitioners? ... Doctors and lawyers
Another move to over-fiduciarize investing
The WSJ comments on a dumb proposal by the Employee Benefits Security Administration to broaden the definition of “fiduciary” to cover brokerage services with respect to retirement accounts. As the WSJ notes, For decades the finance industry has provided investors roughly two kinds of services: the “advisory” model, in which an investment professional makes trading ... Another move to over-fiduciarize investing
Popular Criticism of the Proxy Access Case
Bob Monks has a lot to say about Business Roundtable v. SEC. Some notable quotes: “The DC Circuit now has really made a reputation over four or five years of throwing out SEC regulations. Their reason for doing it is that the SEC has failed to generate cost-benefit information that conforms with their interpretation of ... Popular Criticism of the Proxy Access Case
Chancellor Strine on LLC law
We got our first LLC opinion from Chancellor Strine in his new position atop the Delaware Chancery Court. It’s worth close attention in its own right as a case of first impression, and as an indication of the new Chancellor’s general approach to these cases. The case is Achaian, Inc. v. Leemon Family LLC. Francis ... Chancellor Strine on LLC law
Short-selling and market efficiency
Another day, another paper showing evidence of the negative effect on market efficiency of bans on short-selling. Today it’s Yerkes, Regulatory Trading Restrictions, Overvaluation, and Insider Selling. Here’s the abstract: A contentious debate is emerging over the regulatory response to the financial crisis. This paper takes advantage of a rare opportunity to empirically test sweeping ... Short-selling and market efficiency
The arbitration (and death?) of securities class actions
Barbara Black has suggested that the time may have come to reconsider arbitration of federal securities claims against issuers (and not just brokers). And that’s only the beginning. Here’s the abstract: Ever since the U.S. Supreme Court held that arbitration provisions contained in brokerage customers’ agreements were enforceable with respect to federal securities claims, proposals have ... The arbitration (and death?) of securities class actions
Comparative uncorporate law
Don Clarke has written a nice piece on “the past and future of comparative corporate governance.” Here’s part of the abstract: Recent years have seen the rise of comparative corporate governance (CCG) as an increasingly mainstream approach within the world of corporate governance studies. This is a function partly of an increasing international orientation on ... Comparative uncorporate law
SEC Commissioner Kathleen Casey steps down
Commissioner Casey announced that she is stepping down from the SEC. SEC Commissioner Kathleen L. Casey announced that she is leaving the agency today, having completed her five-year term on June 5 of this year. Commissioner Casey was sworn in on July 17, 2006, and has been a staunch advocate of the agency’s mission to ... SEC Commissioner Kathleen Casey steps down
