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

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Herman Cain, AGCO, and the Oil-for-Food Bribery Settlement

I don’t share this to offer an opinion on the underlying action, but I thought it would be an item of interest to our readers.  Much has been written on this blog about challenges in the SEC’s FCPA enforcement process. I am surprised the news media hasn’t touched Herman Cain’s relationship with AGCO Corp. during ... Herman Cain, AGCO, and the Oil-for-Food Bribery Settlement

Investigating Search Bias: Measuring Edelman & Lockwoodโ€™s Failure to Measure Bias in Search

Last week I linked to my new study on “search bias.”  At the time I noted I would have a few blog posts in the coming days discussing the study.  This is the first of those posts. A lot of the frenzy around Google turns on “search bias,” that is, instances when Google references its ... Investigating Search Bias: Measuring Edelman & Lockwoodโ€™s Failure to Measure Bias in Search

Raising Rivals’ Costs, Pizza Edition

Many antitrust law professors are fond of using arson — e.g., a firm burning down the rival’s factory — as the paradigmatic example of exclusionary conduct that might raise rivals’ costs without plausible efficiency justifications.  Here is a modern example with law school hypothetical written all over it involving a Domino’s Pizza manager burning down ... Raising Rivals’ Costs, Pizza Edition

Exclusion and the BCS

Every year around this time—around week 10 of college football season—we are reminded of the inequity of the Bowl Championship Series (BCS) system. Instead of permitting an open playoff system to determine the college football champion, as is done by most other NCAA sports including Division II football since 1973, and more famously, NCAA basketball, ... Exclusion and the BCS

What happens to a law firm’s work after the firm dies?

Today’s WSJ covers the Howrey bankruptcy and specifically the ex-partners’ and their new firms’ potential liabilities for unfinished business taken from Howrey. As the article says, Howrey’s bankruptcy trustee, the custodian of its claims under state law, “has the right to sue for profits generated by work that partners started at their old law firms ... What happens to a law firm’s work after the firm dies?

Law firms’ competition

The biggest competition for law firms is not other law firms but in-house counsel. So reports the ABAJ.   I make a similar point in a paper I’m presenting at a University of Wisconsin program next week. There are two reasons for this:  pressures on firms to reduce fees, and law’s information revolution which is reducing ... Law firms’ competition

Say on say on pay?

“Say on pay” seems like one of those “chicken soup” ideas — at best salutary and at worst unobjectionable.  Who could object to letting the shareholders vote on executive pay? Minor Myers, for one, in The Perils of Shareholder Voting on Executive Compensation. He suggests that “the more involved shareholders are in a firm’s managerial ... Say on say on pay?

Abolishing corporate personhood

Since the day it was handed down, Citizens United has been a kind of political flypaper for bad laws.  The first dead bugs sought to exploit the decision’s caveats by targeting disclosure and shareholder approval (the Shareholder Protection Act, critized here) and prohibiting political expenditures by government contractors (the Disclose Act). More recently, CU-haters are ... Abolishing corporate personhood

Iowa University Prediction Markets

These things continue to fascinate me and provide lots of opportunity for procrastination.  The Iowa University Prediction Market IEM has a new update on the Republican presidential primary: Romney Leads the Iowa Electronic Markets October 26, 2011 |  The Iowa Independent by: Lynda Waddington The value of the former Massachusetts governor continues to rise above ... Iowa University Prediction Markets

Green Bag’s “The Post” Recognizes TOTM in “Best Legal Blogging”

The Green Bag recently introduced its Journal of Law, which has in turn introduced “The Post.”   The Post features what the Green Bag describes as the “best in legal blogging.”  This is a pretty neat idea, like most everything the Green Bag does.  How does The Post select the best in legal blogging?  Judges with ... Green Bag’s “The Post” Recognizes TOTM in “Best Legal Blogging”

My New Empirical Study on Defining and Measuring Search Bias

Tomorrow is the deadline for Eric Schmidt to send his replies to the Senate Judiciary Committee’s follow up questions from his appearance at a hearing on Google antitrust issues last month.  At the hearing, not surprisingly, search neutrality was a hot topic, with representatives from the likes of Yelp and Nextag, as well as Expedia’s ... My New Empirical Study on Defining and Measuring Search Bias

Long-Term Research Agendas in Economics (and Law and Economics?)

The NSF has posted responses to its call for “Long-Term Research Agendas.”  HT: Peter Klein. The entire set is available here.  Here’s the description: This is a compendium of fifty-four papers written by distinguished economists in response to an invitation by the National Science Foundation’s Directorate for the Social, Behavioral and Economic Sciences (NSF/SBE) to ... Long-Term Research Agendas in Economics (and Law and Economics?)