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The Missouri suit against LegalZoom

Apropos of my recent discussions (e.g. here) of litigation against LegalZoom (and note my potential interest in this subject), the Law Blog reports on the Missouri class against LegalZoom alleging that LegalZoom is illegally practicing law in Missouri.  The judge denied a motion for summary judgment and the case is going to trial August 22. The ... The Missouri suit against LegalZoom

Hot off the press: the future of legal education

My oft-blogged paper on the future of legal education, Practicing Theory: Legal Education for the Twenty-First Century, has now been published in the Iowa Law Review (the link takes you to the published version).  Here’s the abstract: Law practice and legal education are facing fundamental changes. Many assume that these changes will force law schools ... Hot off the press: the future of legal education

Cooper and Kovacic on Behavioral Economics and Regulatory Agencies

There is an embarrassing blind spot in the behavioral law and economics literature with respect to implementation of policy whether via legislation or administrative agency.  James Cooper and William Kovacic — both currently at the Federal Trade Commission as Attorney Advisor Commissioner, respectively — aim to fill this gap with a recent working paper entitled ... Cooper and Kovacic on Behavioral Economics and Regulatory Agencies

The mirage of lawyer discipline

The Des Moines Register (HT Law Blog) reports that the Iowa Supreme Court is considering offering lawyers the option of agreeing to expedited law license suspension in exchange for confidentiality: Under the proposed rule change, lawyers suspended for stealing from clients, drug and alcohol problems, and neglecting important cases could hide what they did and ... The mirage of lawyer discipline

The opportunity costs of the backdating scandal

I have blogged extensively about the waste and injustice of the overblown backdating scandal.  (The posts are collected in Ideoblog’s executive compensation archive).  Now we have an accounting of the opportunity costs of the SEC’s pursuit of this so-called scandal.  Here’s the abstract of Choi, Pritchard and Wiechman, Scandal Enforcement at the SEC: Salience and ... The opportunity costs of the backdating scandal

TOTM on the Rise

Its been just over a year since TOTM remodeled and merged with Larry Ribstein’s Ideoblog.  There have been a few other major changes between then and now: some changes in personnel and a  few major blog symposia to start with.  Its always difficult to judge how a blog is “doing.”  At least part of a ... TOTM on the Rise

Some implications of the proxy access decision

Bloggers have had much to say about the DC Circuit’s proxy access decision.  Of special note is our own Jay Verret and Steve Bainbridge, who adds a useful roundup.   I have a few additional comments. First, I want to pick up on Jay’s comment that the decision shows the SEC “is an agency with too many ... Some implications of the proxy access decision

The Curious Case of the Proxy Access Rule

Well, well.  It looks like the heatwave hitting DC has encouraged the Judges on the panel reviewing the SEC’s proxy access rule to finish their opinion earlier than expected.  The rule has been struck down by the DC Circuit as arbitrary and capricious for failure to meet the SEC’s mandate to consider the effect of ... The Curious Case of the Proxy Access Rule

The Efficiency of Metering Tie-Ins

Have you ever had to get on your hands and knees at Office Depot to find precisely the right printer cartridge?  It’s maddening, no?  Why can’t the printer manufacturers just settle on a single design configuration, the way lamp manufacturers use common light bulbs? You might think the printer manufacturer is trying to enhance its ... The Efficiency of Metering Tie-Ins

Maureen Ohlhausen to FTC

Congratulations to Maureen Ohlhausen on the announcement that President Obama intends to nominate her to replace William Kovacic on the Federal Trade Commission.  This is an excellent appointment.  The Washington Post observes: Ohlhausen comes from Wilkinson Barker Knauer law firm, where she is a partner in the firm’s privacy, data protection and cyber security practice. ... Maureen Ohlhausen to FTC

FairSearch’s Non-Sequitur Response

Our search neutrality paper has received some recent attention.  While the initial response from Gordon Crovitz in the Wall Street Journal was favorable, critics are now voicing their responses.  Although we appreciate FairSearch’s attempt to engage with our paper’s central claims, its response is really little more than an extended non-sequitur and fails to contribute ... FairSearch’s Non-Sequitur Response

The First Amendment and unauthorized practice of law

I recently discussed the policy issues regarding litigation against LegalZoom for unauthorized practice of law (as well as noting my potential interest in this litigation).  A recent paper analyzes the legal issues:  Catherine Lanctot, Does LegalZoom Have First Amendment Rights? Some Thoughts About Freedom of Speech and the Unauthorized Practice of Law.  Here’s some of ... The First Amendment and unauthorized practice of law