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

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Banning Executives

From the WSJ: The Department of Health and Human Services this month notified Howard Solomon of Forest Laboratories Inc. that it intends to exclude him from doing business with the federal government. This, in turn, could prevent Forest from selling its drugs to Medicare, Medicaid and the Veterans Administration. If the government implements its ban, ... Banning Executives

More on the value of legal education

Ted Seto responds to Brian Tamanaha’s post about the price of legal education. Noting that HLS tuition rose at an annual compound rate of 7.71% from 1973 to 2011 while Cravath’s starting salary rose 6.04% he observes with appropriate caveats that law school tuition does appear to have been inflating at a rate hard to ... More on the value of legal education

DSK and media bias

Bret Stephens wonders why he and fellow journalists ignored the fact that “[a]lmost from the beginning, there was something amiss in the case of People v. Dominique Strauss-Kahn.” He speculates: I did enjoy the thought of this mandarin of the tax-exemptocracy being pulled from the comfort of his first-class Air France seat and dispatched to ... DSK and media bias

The next Silicon Valley?

Don’t laugh.  It’s got a major international airport, cheap housing, major league sports and culture. It’s close to a world class university, great natural areas and another country. The urban pioneers who enriched other cities are increasingly priced out of them, and are mobile.  State and local politicians must actually improve the place in order ... The next Silicon Valley?

Scandal of the day: a businessman in Congress

The NYT reports on a new scandal it’s discovered.  Mike Thompson lives in St. Helena, California and represents it in Congress.  Now, I recently spent three days in St. Helena so I can testify to what you see when you go there:  grapes (at the left is the view I woke up to every day).  ... Scandal of the day: a businessman in Congress

First Microsoft, Now Google: Berin Szoka, Josh Wright and Geoff Manne in CNET

Josh, Berin Szoka and I have a new op-ed up at CNET on why the lessons of Microsoft suggest the FTC’s action against Google might be misguided.  A taste: Ten years ago this week, an appeals court upheld Microsoft’s conviction for monopolizing the PC operating system market. The decision became a key legal precedent for U.S. antitrust ... First Microsoft, Now Google: Berin Szoka, Josh Wright and Geoff Manne in CNET

Lawyers vs. software

Roger Parloff asks, “can software practice law?” He discusses class litigation over whether the web service LegalZoom.com is illegally practicing law in Missouri by helping users prepare legal documents by posing questions and then providing a customized document based on the user’s answers.  The class plaintiffs don’t claim any injury other than the price they ... Lawyers vs. software

Strauss-Kahn saved by Brady

From the White Collar Crime Blog: Dominique Straus-Kahn has received from the district attorney what most defendants never get — early  Brady material. * * * The District Attorney should be commended for the early disclosure of the purported victim’s credibility problems. I cannot help wonder, however, whether such disclosure would have been made — ... Strauss-Kahn saved by Brady

The pro bono problem

Law Blog notes, reporting on the AmLaw A-List issue, that last year, as AmLaw 100 firms enjoyed solid profitability growth overall, their pro bono output declined. Many lawyers, it appears, were too busy representing paying clients to counsel non-paying ones.  * * * AmLaw. . . reports a 10.8% decline in the average number of ... The pro bono problem

Law schools as borscht

Zillions have linked to and millions have commented on the NYT Economix blog post on the supposed lawyer surplus.  Here are some further thoughts on the “lawyer glut” and its implications for legal education. To begin with, the NYT numbers are unreliable.  They ignore, among other things, the facts that people take multiple bars, and that ... Law schools as borscht

More on Google and Antitrust

My op-ed on the Google antitrust issue with Tom Lenard is up on Forbes.com. Like others, we find that the FTC is overreaching.

Sacrificing Consumer Welfare in the Search Bias Debate, Part II

I did not intend for this to become a series (Part I), but I underestimated the supply of analysis simultaneously invoking “search bias” as an antitrust concept while waving it about untethered from antitrust’s institutional commitment to protecting consumer welfare.  Harvard Business School Professor Ben Edelman offers the latest iteration in this genre.  We’ve criticized ... Sacrificing Consumer Welfare in the Search Bias Debate, Part II