The Archives

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

Showing results for:  “digital markets act”

P.J. Hill — Teacher, Scholar, Mentor

My first economics professor, P.J. Hill, is retiring tomorrow after forty or so years of teaching at Wheaton College.  I wanted to take a few minutes to publicly thank him for all he did for me and for the thousands of other students who had the great fortune to sit at his feet in Wheaton’s Blanchard Hall. I ... P.J. Hill — Teacher, Scholar, Mentor

Making a mountain out of the insider trading molehill

Jon Macey insightfully wrote in the WSJ that the Galleon case illustrates the need to distinguish “trading on the basis of information that was legitimately ferreted out from trading on the basis of information that has been wrongfully obtained through fraud or theft.” Macey notes that the SEC’s refusal to clarify the distinction between the ... Making a mountain out of the insider trading molehill

Chandler’s departure and the future of uncorporations

Chancellor Chandler has announced his retirement as Delaware’s leading corporate trial judge (Pileggi and the WSJ). News reports likely will focus on the Chancellor’s work on high-visibility corporate cases.  But I think he made his most lasting mark in helping create a modern jurisprudence for sophisticated LLCs and limited partnerships.  Delaware statutory law laid the ... Chandler’s departure and the future of uncorporations

The death of the billable hour?

Jay Shepherd writing on ATL thinks the billable hour is “a dying business model. . . because it focuses on selling the wrong thing. * * * [N]o client in the history of the planet has ever wanted to buy time. * * * It’s what you can do for them during that time.” Shepherd ... The death of the billable hour?

Shocked: Gasoline Prices Vary Edition

From the Attorney General’s Memorandum to the Financial Fraud Enforcement Task Force (HT: Michael Giberson, who is a must read on all issues oil and energy related: Based upon our work and research to date, it is evident that there are regional differences in gasoline prices, as well as differences in the statutory and other ... Shocked: Gasoline Prices Vary Edition

Into Eternity

One of the ways I celebrated my birthday yesterday in Chicago was seeing a movie in the afternoon(!) at the Siskel Center.  The film is Into Eternity.   Here’s the setup:  Finland has nuclear waste which can be dangerous to humans for 100,000 years.  So they’ve decided to bury in a way that it will ... Into Eternity

Sacrificing Consumer Welfare in the Search Bias Debate

Eric Clemons and Nehal Madhani have a posted a series of short blog posts on the Huffington Post focusing on Google, antitrust, and more specifically, vertical integration and search (Part I, Part II, and Part III).   The articles contain much of the standard hand-wringing about vertical integration and its impact on consumer welfare.  This is ... Sacrificing Consumer Welfare in the Search Bias Debate

The myth of government protection of financial markets

With all the calls for more government supervision of financial markets it’s healthy to keep in mind what the public actually gets from this costly supervision. In many previous posts (e.g., here, here and here) I summarized the SEC’s egregious incompetence in missing the Madoff fraud. When private firms mess up they get sued and punished ... The myth of government protection of financial markets

The state law claim against Sokol

Steve Bainbridge discusses a Delaware chancery suit by a Berkshire-Hathaway shareholder against former B-H executive David Sokol for profits he earned by buying Lubrizol stock ahead of his former employer. Steve analyzes state law, concluding I am unaware of any Delaware precedent holding that a state law cause of action for breach of fiduciary duty ... The state law claim against Sokol

“We therefore commit, effective immediately, to give every author at least seven days to decide whether to accept any offer for publication”

There is lots of talk about the various implications of the agreement between the various law reviews to cease and desist with the practice of exploding offers.   One interesting aspect of the commitment is that it is fairly transparent that the law reviews viewed exploding offers as a method of competing with one another, and ... “We therefore commit, effective immediately, to give every author at least seven days to decide whether to accept any offer for publication”

Medical Devices

The GAO has recently issued a report on medical devices.  The thrust of the report is that “high-risk” medical devices do not receive enough scrutiny from the FDA and that recalls are not handled well.  This report and other evidence indicates that the FDA is likely to require more testing of devices.  As of now, ... Medical Devices

China land and bachelors

The New York Times has an interesting story about land markets in China.  In order to get married a man needs to own property and land prices are very high in China.  As it its habit, the Times blames “overeager developers who force residents out of old neighborhoods.” In fact, the Times gets it backwards.  ... China land and bachelors