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Waiting for the Steve Jobs of law
Holman Jenkins today joins the many tributes to Steve Jobs: From the beginning, he saw the human possibility in the extraordinarily complex hardware and software engineering of digital devices. The Macintosh should work in a way that’s intuitive, that doesn’t require an owner’s manual. And today you only need to survey the blogosphere or friends ... Waiting for the Steve Jobs of law
Epstein, Kieff & Spulber Eviscerate the FTC’s Proposal on Regulating SSOs
In a thorough and convincing paper, “The FTC’s Proposal for Regulating IP through SSOs Would Replace Private Coordination with Government Hold-Up,” Richard Epstein, Scott Kieff and Dan Spulber assess and then decimate the FTC’s proposal on patent notice and remedies, “The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition.” Note Epstein, Kieff and ... Epstein, Kieff & Spulber Eviscerate the FTC’s Proposal on Regulating SSOs
Can insider trading combat accounting fraud?
Last year I suggested that regulators would better fight corporate fraud by letting those in the know trade on the information than through the complex whistleblowing rules like those in Dodd-Frank. Robert Wagner has similar thoughts. The article is Gordon Gekko to the Rescue?: Insider Trading as a Tool to Combat Accounting Fraud. Here’s the ... Can insider trading combat accounting fraud?
The effect of Van Gorkom and 102(b)(7)
Yaniv Grinstein and and Stefano Rossi have an interesting paper, Good Monitoring, Bad Monitoring, on the effect of corporate law, and specifically of the famous Delaware case Smith v. Van Gorkom and the Delaware legislature’s subsequent “fix” of that result. Here’s the abstract: We estimate the value of monitoring in publicly traded corporations by exploiting ... The effect of Van Gorkom and 102(b)(7)
UCLA’s Milken gift
The NYT discusses a controversy at UCLA (mainly, it seems, involving objections by Lynn Stout) to the $10 million gift it just announced from Lowell Milken, Michael’s brother. Lowell was accused many years ago in connection with his brother’s securities violations and escaped prosecution because of his brother’s plea deal. Steve Bainbridge comments in response ... UCLA’s Milken gift
Specialization and Exchange, Georgia Chopsticks Edition
From the Economist, and courtesy of Craig Newmark: Enter Georgia Chopsticks. Jae Lee, a former scrap-metal exporter, saw an opportunity and began turning out chopsticks for the Chinese market late last year. He and his co-owner, David Hughes, make their chopsticks from poplar and sweet-gum trees, which have the requisite flexibility and toughness, and are ... Specialization and Exchange, Georgia Chopsticks Edition
Eighth Circuit Affirms District Court Against FTC in Lundbeck
Here’s the decision; here is my prior post concerning the district court decision. I suspect the FTC was fairly confident it would succeed in persuading the panel to reverse. The appeal turns on whether the district court was clearly erroneous in ruling that the FTC had failed to properly define a relevant market, and in ... Eighth Circuit Affirms District Court Against FTC in Lundbeck
The job-creation potential of start-ups
A friend who is very active in startups and angel investing in southern California emailed me about whether I knew of research on the potential multiplier effects of a company on job formation. Examples that came to her mind were eBay and Mary Kay, which create many small businesses. I thought of Google as an ... The job-creation potential of start-ups
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
Remedying Skilling
The WSJ comments on bills in Congress to “remedy” the Supreme Court’s decision in U.S. v. Skilling by explicitly criminalizing agent conduct that doesn’t involve bribery or kickbacks: The biggest objection to such laws is their injustice, but they also harm the economy by introducing legal uncertainty that deters or delays business investment. A Congress ... Remedying Skilling
