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Congressmen as securities traders
With all of the attention being given to insider trading by hedge funds and malfeasance by corporate executives, it’s worth reminding ourselves that the politicians who seek to impose discipline are themselves no angels. An important study published seven years ago revealed that U.S. senators were reaping returns from stock trading that strongly suggested they ... Congressmen as securities traders
Privacy and Tracking
First I would like to thank Geoff Manne for inviting me to join this blog. I know most of my fellow bloggers and it is a group I am proud to be associated with. For my first few posts I am going to write about privacy. This is a hot topic. Senators McCain and Kerry ... Privacy and Tracking
Fuld, Mozilo and Raj
The WSJ reports that the investigation of Lehman’s collapse “has hit daunting hurdles that could result in no civil or criminal charges ever being filed against the company’s former executives.” The problem is that, despite Lehman’s examiner’s conclusion that Lehman used tricks (the famous Repo 105) to “paint a misleading picture of its financial condition,” Linklaters ... Fuld, Mozilo and Raj
The SEC’s shrinking credibility
Peter Henning discusses “the SEC under fire”, specifically Beckergate, which I’ve already discussed, and Guptagate, which I’ve been mulling since Sorkin’s Dealbook column last Monday. Henning observes that “the questions being asked could undermine the agency’s credibility as an effective regulator of the securities markets.” As for Beckergate, Henning notes (in addition to the issues ... The SEC’s shrinking credibility
Appropriate Liability Rules for Tying and Bundled Discounting: A Response to Professor Elhauge
In recent years, antitrust scholars have largely agreed on a couple of propositions involving tying and bundled discounting. With respect to tying (selling one’s monopoly “tying” product only on the condition that buyers also purchase another “tied” product), scholars from both the Chicago and Harvard Schools of antitrust analysis have generally concluded that there should ... Appropriate Liability Rules for Tying and Bundled Discounting: A Response to Professor Elhauge
The SEC’s internal controls problems
The WSJ discusses yesterday’s testimony by SEC chair Mary Schapiro. Former SEC GC David Becker, you’ll recall, had a family interest in a Madoff account but nevertheless was allowed to work on Madoff issues, including recommending Madoff victim payouts that directly affected the Becker family. Ms. Schapiro said the incident had taught her to be ... The SEC’s internal controls problems
Comment to the Federal Reserve Board on Regulation II: Where’s the Competitive Impact Analysis?
I have submitted a comment to the Federal Reserve Board concerning Regulation II, along with the American Enterprise Institute’s Alex Brill, Christopher DeMuth, Alex J. Pollock, and Peter Wallison, as well as my George Mason colleague Todd Zywicki. Regulation II implements the interchange fee provisions of the Dodd-Frank Act. The comment makes a rather straightforward ... Comment to the Federal Reserve Board on Regulation II: Where’s the Competitive Impact Analysis?
Paul Rubin joins TOTM
You may have noticed the newest member of the TOTM Team. We’re very proud to welcome Paul Rubin, Samuel Candler Dobbs Professor of Economics at Emory University and one of the leading figures in law and economics. Paul has written seminal articles on, among other subjects, the forces shaping the common law, franchising, and ... Paul Rubin joins TOTM
Jack Calfee, In Memoriam, by Paul Rubin
My good friend and coauthor John E. (Jack) Calfee died suddenly of a heart attack last month. He was bon in 1941 and was 69 years old. Jack came late to economics. After graduating from Rice with a major in mathematics, he studied international relations at the University of Chicago and then worked for AT&T ... Jack Calfee, In Memoriam, by Paul Rubin
Time for a really new law school
Delaware is thinking about a new law school. Bainbridge and Pileggi don’t like it. Says Steve: the last thing Delaware–or the country as a whole–needs is another law school churning out graduates into a still dismal job market. We need to be killing off the bottom dwellers, not starting new ones. I agree, with a ... Time for a really new law school
Lawyers as capitalists
The WSJ reports: Clients are seeking ways to lower their legal costs, and more of them are asking law firms to share the risk of litigation, particularly in intellectual property cases, with contingency payment arrangements in which the clients pay no fees upfront. Under this arrangement, a law firm only gets paid if it wins. ... Lawyers as capitalists
DOJ to Waxman: Violating Net Neutrality Isn’t Anticompetitive
Congressman Waxman shares that the news that the DOJ Antitrust Division told him that cable or phone companies violating net neutrality principles with exclusive or discriminatory deals are not violating the antitrust laws: Waxman said during a net neutrality hearing Wednesday that Justice officials informed his office that existing competition laws cannot be used to ... DOJ to Waxman: Violating Net Neutrality Isn’t Anticompetitive
