The Archives

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

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AALS Call for Papers on Behavioral Economics & Antitrust Law

Call for Papers Announcement   AALS Section on Antitrust and Economic Regulation AALS Section on Law & Economics   Behavioral Economics & Antitrust Law   January 5-8, 2012 2012 AALS Annual Meeting Washington, DC   The AALS Section on Antitrust and Economic Regulation and the Section on Law & Economics will hold a joint program ... AALS Call for Papers on Behavioral Economics & Antitrust Law

Barnett v. Barnett on Antitrust

Tom Barnett (Covington & Burling) represents Expedia in, among other things, its efforts to persuade a US antitrust agency to bring a case against Google involving the alleged use of its search engine results to harm competition.  In that role, in a recent piece in Bloomberg, Barnett wrote the following things: “The U.S. Justice Department ... Barnett v. Barnett on Antitrust

The trouble with law reviews

I’m finally catching up with this NLJ article about Hofstra law prof Richard Neumann’s estimate that the cost of a law review article written by a tenured professor at a top law school is around $100,000 ($25-$42,000 for assistant professors at lower-paying law schools).  The estimate includes the professor’s salary, benefits and research grants and ... The trouble with law reviews

Senate Judiciary Hearing on AT&T / T-Mobile Merger

The hearing is Wednesday morning.  The Witness List suggests that the hearing will primarily serve as an opportunity for the merging parties, rivals, other interested parties, and lets not forget the Senators, to restate their positions “for the record.”  And while I get where the Committee is going with the “Humpty Dumpty” title, “the T-1000 ... Senate Judiciary Hearing on AT&T / T-Mobile Merger

Correlation and Causation, Revisited

Comic from Doghouse Diaries.

Schumer and the decline of New York

Six years ago Henry Butler and I wrote about what we called the Sarbanes-Oxley Debacle. Well, it’s still a debacle after all these years, and having significant effects on business and international competition. Yesterday’s WSJ opined, concerning the potential NYSE/Deutsche Borse merger that  whoever ends up owning the iconic trading venue, the question is whether ... Schumer and the decline of New York

Taxing big uncorporations

A few days ago Paul Caron summarized moves toward corporate taxation of pass-through entities with more than $50 million gross receipts, adding links to prior posts on this subject. Today’s WSJ echoes this story, quoting Sen. Max Baucus, Senate Finance Chair: “We’re talking about business income here. Why not have the large pass-throughs … pay ... Taxing big uncorporations

Private equity and financial distress

I’ve written often, particularly in my Rise of the Uncorporation, of the upside disciplinary effect of uncorporate management.  This includes the salutary role of private equity (e.g., this recent post). But detractors argue that private equity-backed leveraged buyouts, by replacing equity with debt, make targets vulnerable to the disruption of bankruptcy.  A recent paper by ... Private equity and financial distress

FTC Microeconomics Conference

The Fourth Annual FTC Microeconomics Conference is scheduled for November 3 and 4, 2011.   Here is the call for papers: The Federal Trade Commission’s Bureau of Economics will host a two day conference to bring together scholars working in areas related to the FTC’s antitrust, consumer protection and public policy missions. Those areas include industrial ... FTC Microeconomics Conference

The Economist on the death of Howrey and future of Big Law

The Economist covers the shrinkage of Big Law, focusing on Howrey’s demise. The article covers themes in my recent papers, particularly including Death of Big Law, Law’s Information Revolution and Practicing Theory.  It particularly points out what I discussed in Death of Big Law: Howrey’s fall shows just how fragile even a 55-year-old firm can be. ... The Economist on the death of Howrey and future of Big Law

The Galleon prosecution: hoist by its own petard?

Dave Zaring asks whether the Rajaratnam trial, now doomed by a sick juror to start deliberations all over again, is headed for a hung jury.  Dave suspects the jury is more likely hung 11-1 to convict than vice versa.  But there’s another possibility:  there are a lot of charges in this cases which occupy a ... The Galleon prosecution: hoist by its own petard?

Say on pay at the SEC?

Reuters reports on Henry Hu’s somewhat controversial tenure heading the SEC’s new Division of Risk, Strategy and Financial Innovation. The SEC brought in Hu, a widely recognized expert on financial regulation, in response to its embarrassing Madoff failure.  The Reuters article discusses some reservations about how much Hu accomplished, but I want to focus on ... Say on pay at the SEC?