The Archives

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

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Crowdfunding

Should you have to do a costly SEC registration and work through a registered broker-dealer just to raise a little money for your start-up?  Today’s WSJ covers so-called “crowd-funding.” It tells of a guy who raised $41,000 from 17 investors.  The business has done well, but the website it used was ordered to stop doing ... Crowdfunding

Teeth-whitening and the law

Teeth whiteners are joining the struggle against regulation.  Prior posts have covered licensing of witches, horse teeth floaters, cat groomers, tour guides, taxicabs and, of course, lawyers. Now the WSJ reports that [d]entists are battling with spas, tanning salons and other nondental peddlers of pearly whites from North Carolina to New Jersey and, now, Connecticut ... Teeth-whitening and the law

Hovenkamp’s Cases and Materials on Innovation and Competition Policy

Herb Hovenkamp has posted his new casebook on Innovation and Competition Policy to SSRN, where one can download the chapters individually.  This is a very nice development for students; and the book seems perfectly fit for a course on Innovation and Competition Policy — for which it was designed — but also appropriate for a ... Hovenkamp’s Cases and Materials on Innovation and Competition Policy

Privacy Again

Today’s Wall Street Journal has a long article-debate on privacy.  The strongest pro-privacy is Christopher Soghoian of the Open Society Institute.  He confuses commercial privacy with government privacy: “The dirty secret of the Web is that the “free” content and services that consumers enjoy come with a hidden price: their own private data. Many of ... Privacy Again

TOTM goes to court

Last year I wrote here about Roni LLC v Arfa, which I cited as an example of the ”troubling lawlessness of NY LLC law.” In brief, the court sustained a non-disclosure claim based on “plaintiffs’ allegations that the promoter defendants planned the business venture, organized the LLCs, and solicited plaintiffs to invest in them” despite ... TOTM goes to court

Filmmakers imagine finance

Margin Call is the best film to come out of the recent financial crisis. This is no polemic masquerading as a “documentary” (Inside Job) or good vs. evil melodrama (Money Never Sleeps). It is serious film, with superb acting, script, direction and photography, which uses the financial crisis as the realistic backdrop for a timeless ... Filmmakers imagine finance

Political Calculations

Just came across a very interesting blog-website, Political Calculations.  Lots of very interesting data, such as the trend in inequality in the U.S. since 1994.  (There is no increase and no trend.)  Certainly worth a look.

The NYT on Romney @ Bain

A long front page article in today’s NYT tries to make political hay out of Romney’s time at private equity firm Bain Capital.  The article supports the White House’s efforts to, as the article says, “frame Mr. Romney’s record at Bain as evidence that he would pursue slash and burn economics and that his business ... The NYT on Romney @ Bain

Where have all the IPOs gone?

Ritter, Gao and Zhu ask, Where have all the IPOs Gone?  Well, not to young men everywhere, but to the older men and women who run the big companies that have replaced public markets as the key venture capital exit. Here’s the abstract: During 1980-2000, an average of 311 companies per year went public in ... Where have all the IPOs gone?

Wal-Mart lawyers

Yesterday’s WSJ discussed Wal-Mart’s (possible) plan to dominate the industry of primary health-care clinics:    Wal-Mart said in its proposal document that it is interested in offering services, including clinical care such as asthma, sleep apnea and osteoporosis monitoring, diagnostic services such as allergy and blood testing, and preventive services such as vaccinations and physical exams, ... Wal-Mart lawyers

Going to 11

Veterans certainly deserve their day but I hope they won’t mind my sharing it with Nigel Tufnel. Surely you recall his memorable question: Well, it’s one louder, isn’t it? It’s not 10. You see, most blokes, you know, will be playing at 10. You’re on 10 here, all the way up, all the way up, ... Going to 11

Quello Center’s Governance of Social Media Workshop at Georgetown Tomorrow

Here’s the link to the conference, and the program, which covers all angles of social media and the law.  Predictably, my interest here is competition policy — I’ll be on the 10:45 panel discussing those issues along with: Michael Altschul (CTIA), Nicolas Economides (NYU), Adam Thierer (GMU), and Moderator Steve Wildman (MSU). The link to ... Quello Center’s Governance of Social Media Workshop at Georgetown Tomorrow