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

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The Efficiency of Cable Bundling

As I noted in a post last month, the Ninth Circuit recently threw out an antitrust challenge to cable operators’ refusal to provide cable channels on an a la carte, rather than bundled, basis.  (Josh also had some insightful comments on the Ninth Circuit’s Brantley decision.)  In my post, I promised that I would later ... The Efficiency of Cable Bundling

“Argentina’s government has filed criminal charges against the managers of an economic consulting firm, escalating its persecution of independent economists.”

Some context (HT: WSJ): The criminal complaint, initiated by the Commerce Secretariat, is the harshest in a series of legal measures against economists. The credibility of Indec’s data has been questioned ever since former President Nestor Kirchner replaced longtime civil servants with political appointees in early 2007. So far this year, the Secretariat has fined ... “Argentina’s government has filed criminal charges against the managers of an economic consulting firm, escalating its persecution of independent economists.”

Morgenson’s DPA scandal

It’s not easy coming up with scandals all the time.  Some days there just isn’t a new scandal to report.  But that space has to get filled somehow.  The NYT’s Gretchen Morgenson often finds herself in this position.  Her scandal for yesterday, reported as usual with Louise Story (I’ll just start calling them Morgenstory), was about ... Morgenson’s DPA scandal

Office Superstores, Again?

FTC v. Staples is a seminal case in modern antitrust analysis of horizontal mergers.  Judge Posner has described it as the economic “coming of age” of merger analysis.   It is also a landmark decision in the development of unilateral effects theories.  Despite the fact that Judge Hogan did not explicitly rely upon the econometric evidence ... Office Superstores, Again?

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

Ribstein & Lipshaw Unincorporated Business Entities 2011 Supplement

The 2011 Supplement to Ribstein & Lipshaw, Unincorporated Business Entities (4th Edition) is now available in Word and Pdf. It will be posted on the Lexis website in the next couple of weeks. If you want to teach the law of business associations as many of your students will actually be practicing it — the cutting ... Ribstein & Lipshaw Unincorporated Business Entities 2011 Supplement

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