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Small Business Financing Post-Crisis
Tomorrow I will be attending a symposium on small business financing sponsored by the Entrepreneurial Business Law Journal‘s at the Moritz College of Law at the Ohio State University. I’m on a panel entitled “Recessionary Impacts on Equity Capital,” which is a bit misleading–or at least a bit different that the topic I offered to ... Small Business Financing Post-Crisis
Revisiting the Supreme Court’s “Pro-Business” Bias
Ed Whelan chimes in on the perennial debate with the most recent data: Those sneaky “corporatist” justices are at it again, cleverly disguising their biases by ruling in favor of employees and/or against corporations in two Supreme Court decisions issued today: 1. In Staub v. Proctor Hospital, the Court, reversing the Seventh Circuit, ruled unanimously ... Revisiting the Supreme Court’s “Pro-Business” Bias
Watch me discuss the future of the Internet and its regulation on Ideas in Action
Larry Downes (who, like me, is a senior fellow at TechFreedom and a contributor to the excellent book, The Next Digital Decade: Essays on the Future of the Internet) and I taped an episode of Jim Glassman’s talking head show, Ideas in Action, a couple months ago, and it is airing this week on PBS ... Watch me discuss the future of the Internet and its regulation on Ideas in Action
The Breathtaking Ruthlessness of the Proposed Budget Cuts
The New York Times is appalled at House Republicans’ plans to “eviscerate nondefense spending,” calling the vote in favor of the cuts an act of “breathtaking ruthlessness.” The budget cuts, the Times says, will “carve $61 billion out of the government for just the next seven months, which would throw hundreds of thousands of people ... The Breathtaking Ruthlessness of the Proposed Budget Cuts
The prosecutor finds a consolation prize
Lattman: Mr. Bharara’s focus on insider trading has surprised many people on Wall Street. They had expected his office to instead bring criminal charges against top executives at the large banks that were at the center of the financial crisis. The government’s gotten a lot of heat for not charging these executives, including at the ... The prosecutor finds a consolation prize
Little big law
According to AmLaw, citing unnamed sources, Howrey will vote this Wednesday on whether to dissolve. Given massive departures that the article says “have left Howrey a shadow of its former self” the conclusion would seem to be foregone. So now what? Consider some of the questions: How much does the firm owe, and what does ... Little big law
My new paper on the future of legal education
As previously reported, I spoke last week at the Iowa Law Review Symposium on The Future of Legal Education. The CHR discussed some of the festivities. Here’s some tidbits from that article (which didn’t report on my panel or talk): Law schools are not moving with changing times. Richard A. Matasar, dean of New York ... My new paper on the future of legal education
Gans on Apple and Antitrust
Joshua Gans has an interesting post examining potential antitrust issues involving Apple, an issue we’ve discussed here and here. Gans focuses in on the two most relevant issues: There are two aspects that might raise antitrust concern: (i) Apple’s exclusivity-like requirement that no external payment links be permitted in apps and (ii) Apple’s most-favored customer ... Gans on Apple and Antitrust
The constitutional privacy rights of business entities
The Supreme Court, in a unanimous opinion by Justice Roberts, held in FCC v. ATT, Inc.: We reject the argument that because “person” is defined for purposes of FOIA to include a corporation, the phrase “personal privacy” in Exemption 7(C) reaches corporations as well. The protection in FOIA against disclosure of law enforcement information on ... The constitutional privacy rights of business entities
Empirical Legal Scholarship, Empirical Legal Scholars, and the Quality of Legal Education: A Response to Professor Bainbridge
Professor Bainbridge isn’t fond of empirical legal scholarship; more significantly, he asserts that law professors trained to pursue it fundamentally undercut the purposes of legal academia. (His judgment on legal academics which moonlight as amateur statisticians remains to be seen.) Professor Bainbridge has for some time criticized empirical legal scholarship – but now he targets ... Empirical Legal Scholarship, Empirical Legal Scholars, and the Quality of Legal Education: A Response to Professor Bainbridge
An update on the evolving e-book market: Kindle edition (pun intended)
[UPDATE: Josh links to a WSJ article telling us that EU antitrust enforcers raided several (unnamed) e-book publishers as part of an apparent antitrust investigation into the agency model and whether it is “improperly restrictive.” Whatever that means. Key grafs: At issue for antitrust regulators is whether agency models are improperly restrictive. Europe, in particular, ... An update on the evolving e-book market: Kindle edition (pun intended)
EU Bans Insurer Price Discrimination Based on Gender
From the WSJ: The European Union’s highest court declared illegal the widespread practice of charging men and women different rates for insurance, roiling the industry and setting in motion an overhaul of how life, auto and health policies are written across Europe.Two Belgian men had challenged the higher life-insurance premiums charged to members of their ... EU Bans Insurer Price Discrimination Based on Gender