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Packers, LLC?

Just in time for the Super Bowl the New Yorker writes about the non-profit Packers — the only NFL team organized in this form.  The argument for the NFL rule barring anymore non-profits is that it takes a lot of money to run an NFL franchise.  But the article says Green Bay stands as a ... Packers, LLC?

Epstein on Obama at U of C

It’s pretty hard to cycle through the University of Chicago Law School (or at least it used to be back when I was a student) without gaining an appreciation for the extent to which markets, while subject to occasional failures, enhance human welfare by channeling resources to their highest and best ends. It’s also hard ... Epstein on Obama at U of C

GMU Law & Economics Center Workshop on Empirical and Experimental Methods for Law Professors

Details are available here.  It should be an excellent program and I’m very pleased to be a part of it.  If you are a law professor and interested, but have questions, please don’t hesitate to contact me.   The link for applications is below. Location: George Mason University School of Law | Event Date: Monday, May ... GMU Law & Economics Center Workshop on Empirical and Experimental Methods for Law Professors

No, Nudge Was Not on Trial

Slate’s David Weigel ran an otherwise informative piece on Cass Sunstein’s testimony, as head of OIRA, at a recent House Energy and Commerce Committee.  The headline?  Nudge on Trial: Cass Sunstein Defends the White House Against a Republican Attack.  From Weigel’s description of the hearing, there was some general hand wringing about whether there is ... No, Nudge Was Not on Trial

Delaware uncorporate law evolves an escape from Dodd-Frank

It’s been interesting to watch uncorporations (particularly LLCs and limited partnerships) evolve over the last twenty years or so.  Perhaps the most interesting aspect of this evolution is what’s been happening in Delaware regarding contracting over fiduciary duties.  This is particularly intriguing because it concerns a key area of difference between corporations and uncorporations — ... Delaware uncorporate law evolves an escape from Dodd-Frank

Does the Voluntary Industry “Agreement” to Ban Phosphates in Dishwasher Detergents Violate Section 1?

Apparently, the detergent industry has entered into what has been described as a “voluntary agreement” to reduce the use of phosphates in detergents (HT: Ted Frank).  A press release from Clean Water Action describes the agreement as follows: On July 1, 2010 a voluntary ban on phosphates in dishwasher detergents will be implemented by many ... Does the Voluntary Industry “Agreement” to Ban Phosphates in Dishwasher Detergents Violate Section 1?

The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption

Along with co-author Judd Stone, I’ve posted to SSRN our contribution to the Review of Industrial Organization‘s symposium on the 2010 Horizontal Merger Guidelines — The Sound of One Hand Clapping: The 2010 Horizontal Merger Guidelines and the Challenge of Judicial Adoption. The paper focuses on the Guidelines’ efficiencies analysis.  We argue that while the ... The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption

Delaware for Small Fry: Jurisdictional Competition for Limited Liability Companies

My article with Bruce Kobayashi, previously available as a working paper, has just been published in 2011 University of Illinois Law Review 91 with the above new title .  The published version has been posted on SSRN. Here’s the revised abstract: Most of the work on jurisdictional competition for business associations has focused on publicly ... Delaware for Small Fry: Jurisdictional Competition for Limited Liability Companies

The Rahm problem

This is a little off-topic, but it’s about Chicago, my home town.  I haven’t lived there for 35 years, but I have family there, favorite restaurants, and go there a lot.  I am currently away on government service (teaching at a state university).  But I couldn’t vote or run for office there, even if I ... The Rahm problem

Another path to growth: fix SOX

Yesterday I noted, anticipating the President’s call tonight for spending to encourage US growth and competitiveness, that “a better way to increase U.S. competitiveness is by changing the law rather than spending money.”  One law to consider is Sarbanes-Oxley.  In our book, The Sarbanes-Oxley Debacle, Butler and I discuss, among other things, SOX’s effect on ... Another path to growth: fix SOX

Intel Case the Model for the FTC?

So says this BusinessWeek headline based on an interview with Federal Trade Commission Chairman Jon Leibowitz.   However, most of the article appears to be about establishing the Commission seeking to advance the proposition that the FTC Act expands beyond the scope of the antitrust laws.   For example, the Chairman is quoted as saying “We would ... Intel Case the Model for the FTC?

Paths to competitiveness: more spending vs. better laws

As Steve Bainbridge recently noted: Obama said . . . that making the U.S. more competitive means investing in a more educated work force, committing more to research and technology, and improving everything from highways and airports to high-speed Internet. He observes that a better way to increase U.S. competitiveness is by changing the law ... Paths to competitiveness: more spending vs. better laws