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Some Myths About Insider Trading
Henry G. Manne is Dean Emeritus of the George Mason University School of Law and Distinguished Visiting Professor at the Ave Maria School of Law. The SEC is at it again, scandal mongering insider trading. As usual this is the “biggest insider trading case yet,” as if they were trying for some Guinness record. Since ... Some Myths About Insider Trading
E-marriage at the AALS
I’ll be speaking at the AALS on a “hot topic” devoted to this interesting subject, Yosemite C, ballroom level at the Hilton, 4-5:45 January 7. Here’s a brief excerpt from a longer description of the program: The panel explores the likelihood that technology, modern-day mobility, and patterns in affiliation will produce increasing numbers of marriage ... E-marriage at the AALS
At the AALS: Adjudication and jurisdictional choice in LLCs
This Friday, January 7, I’ll be presenting a paper on this topic at the AALS Section on Agency, Partnership, LLC’s and Unincorporated Associations, 8:30-10:15, Hilton, Franciscan A, Ballroom Level, Hilton San Francisco Union Square. [Yes, at the Hilton. That’s a long story in itself with many plot lines and themes, which I will get into ... At the AALS: Adjudication and jurisdictional choice in LLCs
The First Amendment, the securities laws and hedge funds
I have been writing for some time about the First Amendment and the securities laws. In a nutshell, the formerly inviolate notion that the securities laws are a First-Amendment-free zone has always been constitutionally questionable. The questions multiply with the expansion of the securities laws. The Supreme Court’s recent broad endorsement of the application of the ... The First Amendment, the securities laws and hedge funds
Happy New Year — go watch a movie
Here are the best films I saw in 2010, in reverse chronological order: Hearts of Darkness, The Chaser, Fear and Loathing in Las Vegas, Mother, The Life and Death of Colonel Blimp, The White Ribbon, The Lives of Others, Sin Nombre, Suicide Kings, A Prophet, The Damned United, Barfly, The Wrestler, In the Loop, Revanche, ... Happy New Year — go watch a movie
Property Rights, Snow, and Parking
This NY Times piece on informal parking property rights and enforcement mechanisms in Boston gives me opportunity to excerpt from Fred McChesney’s seminal analysis on the subject discussing the order of things in Chicago: The city’s job ends once the snow is plowed from the driving lanes, leaving car owners to their best devices in ... Property Rights, Snow, and Parking
R.I.P. Alfred Kahn (1917-2010)
A remembrance from David Henderson,and Kahn’s entry in the Concise Encyclopedia of Economics on Airline Deregulation. An excerpt from the WSJ/ AP obituary: A leading scholar on public-utility deregulation, Mr. Kahn led the move to deregulate U.S. airlines as chief of the now-defunct Civil Aeronautics Board in 1977-78. The board had to give its approval ... R.I.P. Alfred Kahn (1917-2010)
Abercrombie goes to Ohio
Steve Davidoff has the story, and it’s an interesting exercise in corporate contracting complicated by jurisdictional choice. Abercrombie’s proposed reincorporation is essentially a takeover defense. Unlike Delaware, Abercrombie’s current state of incorporation, Ohio Has a business combination statute that’s triggered by a 10% acquisition rather than 15% as in Delaware. Has a control share acquisition ... Abercrombie goes to Ohio
The securities laws and the First Amendment
Attorney John Olson has posted a discussion and copy of a brief for the Chamber of Commerce and the Business Roundtable challenging the SEC’s recent proxy access rule, Rule 14a-11. That’s the rule that requires corporations to include in their proxy materials candidates for director election nominated by 3%/3-year shareholders. (Here’s my discussion of some ... The securities laws and the First Amendment
Sheepaholics
According to today’s WSJ: “Once upon a time, Americans got dogs for their sheep. Now they get sheep for their dogs.” Seems that border collies really need to herd. They’re so compulsive that “they sometimes search for livestock behind the television when sheep appear on screen.* * * Left unoccupied, they’ll dig up the garden, ... Sheepaholics
Religion, capitalism and compassion
My most avid fans may have noticed I’ve been away from blogging for a few days. In fact, I’ve been traveling for a lot of that time in Israel (among other things, giving a talk at Hebrew University in Jerusalem). Given my recent travels to the Holy Land I thought it might be appropriate for ... Religion, capitalism and compassion
Against Consumer Choice as an Antitrust Standard (Some Preliminary Thoughts)
The “consumer choice” approach to antitrust is increasingly discussed in a variety of settings, and endorsed by regulators and in scholarship, especially but not exclusively in the Section 5 context. The fundamental idea is that the “conventional” efficiency approach embedded in the total and/or consumer welfare standards is too cramped and does not measure the ... Against Consumer Choice as an Antitrust Standard (Some Preliminary Thoughts)
