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DOJ Investigates Alleged UPS-FedEx Boycott
The AP Reports: The Justice Department is investigating claims of anticompetitive behavior by shipping companies FedEx Corp. and UPS Inc. Los Angeles antitrust attorney Maxwell Blecher said in a sworn court document filed last month that on Nov. 22 a trial attorney in the Justice Department’s antitrust division called him and said they had begun ... DOJ Investigates Alleged UPS-FedEx Boycott
Arthur Rosett
Professor Bainbridge passes along the sad news that UCLA Law’s Arthur Rosett has passed. Professor Rosett my my contracts professor at UCLA in my first year of law school. The LA Times Obituary hits the highlights of Professor Rosett’s legal career: Arthur was a distinguished legal scholar and esteemed member of the faculty at the ... Arthur Rosett
Is The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010 Constitutional?
C. Boyden Gray and John Shu offer a very helpful discussion on this issue in an article in Engage. Here is the abstract: President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank” or “the Act”) into law on July 21, 2010. The massive and complex Act is reportedly the ... Is The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010 Constitutional?
What happened to IPOs?
So Facebook finally had its public offering. But it didn’t look like your father’s IPO. Instead, Facebook sold $500 million in stock to one person. The stock will be held by a single special purpose vehicle so Facebook avoids going over the 500-investor-limit for avoiding the disclosure obligations of a public company. Wealthy investors get to ... What happened to IPOs?
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
