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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)
The myth of competition among non-profit law schools
In Law & Economics in Japan, Harvard’s Mark Ramseyer tries to explain why Japanese scholars have mostly not embraced law and economics to the extent of their peers elsewhere. He tries on some explanations — “the location of legal education in the undergraduate curriculum, and the long-term Marxist domination of economics faculties” — but is ... The myth of competition among non-profit law schools
Abercrombie’s Ohio express slows down
Last December Abercrombie filed a preliminary proxy statement announcing a plan to reincorporate from Delaware to Ohio. Steve Davidoff and I commented on the move. Steve noted that, while Abercrombie had highlighted various reasons for the move, the shareholders had to dig through the disclosures to learn that it was, as I said in December, ... Abercrombie’s Ohio express slows down
What’s in the Howrey name?
The Recorder (HT Law Blog), discussing the Howrey endgame: One issue that’s in play is the matter of the prestigious Howrey name. A former Howrey lawyer in California said Winston might pay $2 million or more for the Howrey moniker. The goal had been to name the new firm Winston Howrey, but one lawyer told ... What’s in the Howrey name?
The economics of television
I was forced to watch my first episode of “Two and a Half Men” last week. Family members drugged me unconscious and then bound and gagged me, locked my head in the direction of the television and taped my eyelids open. The most horrible moment came when I realized that this was neither satire nor ... The economics of television
Apple, Antitrust, and the FTC
Antitrust investigators continue to see smoke rising around Apple and the App Store. From the WSJ: For starters, subscriptions must be sold through Apple’s App Store. For instance, a magazine that wants to publish its content on an iPad cannot include a link in an iPad app that would direct readers to buy subscriptions through ... Apple, Antitrust, and the FTC
The Economics of Friendship
Here is an excerpt from Eric Posner’s review of Ethan Leib’s book on regulating friendship, Friend v. Friend: We should require an affirmative reason to regulate. Leib says that friendship is important, that it is central to human identity, that—since friends enter economic relationships with each other—it may lubricate economic growth. But surely none of ... The Economics of Friendship
Schools for Misrule
Walter Olson journeyed to Illinois yesterday to discuss his new book Schools for Misrule. There was a good turnout and a lot of deserved buzz for this very interesting book. Walter describes law schools as essentially the hatcheries of bad ideas that have led to the sort of excessive litigation that Olson has chronicled in ... Schools for Misrule
Angelo’s escape
So Mozilo won’t be criminally prosecuted for Countrywide. Holman Jenkins writes in today’s WSJ: The incentive to bring a case against a vilified public figure, of course, is huge. Weighed against this, however, must be the chance of being humiliated by a judge, possibly censured, now that the legal system has started blowing the whistle ... Angelo’s escape
