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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
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
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