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Richard Thaler’s Rejoinder to the TOTM Free to Choose Symposium
I have now had a chance to read through the contributions to this event and have a few thoughts to share. I cannot, of course, reply to everything that has been said here, and in any case, most of what I would say already appears in print. Before getting into specifics let me say one ... Richard Thaler’s Rejoinder to the TOTM Free to Choose Symposium
Curbing food trucks in the Windy City
Today’s WSJ discusses a particularly irritating example of Chicago regulation: “We’re stopping the sale of cupcakes,” she recalls [a police officer] saying, before he handed her a ticket and shooed her away.”* * * After receiving a $275 ticket, Ms. Kurtz, a 41-year-old entrepreneur who quit her corporate marketing job recently to launch Flirty ... Curbing food trucks in the Windy City
The Uncorporation reviewed
Grant Hayden and Matt Bodie review my Rise of the Uncorporation in a forthcoming Michigan Law Review. Here’s the abstract of their article, The Uncorporation and the Unraveling of ‘Nexus of Contracts’ Theory: This is a review of The Rise of the Uncorporation, by Larry E. Ribstein (Oxford University Press 2010). The Rise of ... The Uncorporation reviewed
Dodd-Frank and Criminal Consumer Protection Liability
Tiffany Joslyn provides a useful summary of the criminal provisions of the Dodd-Frank Act at the Federalist Society National Federal Initiatives Project. One of the things Joslyn points out is that the Act includes new criminal consumer protection liability: Section 1036 makes it a criminal offense for any covered person or service provider to offer ... Dodd-Frank and Criminal Consumer Protection Liability
The brave new world of choice of law
Suppose you’re a gay couple and you want to have a baby. You could try adopting one and deal with the tangle of laws about gay adoption. Or you could just plant some sperm and eggs in one or more surrogates and design one or more kids that are biologically yours. The variations are discussed ... The brave new world of choice of law
Judge Kozinski on over-criminalizing agency costs
In U.S. v. Goyal, the government contended that the defendant, former CFO of Network Associates, had violated GAAP by causing the company to recognize revenue from certain sales sooner than it should have, and of lying to the company’s auditor. The jury convicted defendant of securities fraud, false SEC filings, and making materially false statements ... Judge Kozinski on over-criminalizing agency costs
CNBC Street Sense on Wall Street Bonuses
I appeared on CNBC’s Street Sense today to talk about Morgan Stanley’s new policy on bonuses and what it means for the future of Wall Street executive compensation. See here.
Civil Gideon and lawyer licensing
Ted Frank cites my post recognizing that lower income debtors lack proper representation because of what I called “the stranglehold of lawyer licensing.” But then he says that I forget() the public choice aspect of the legal cartel’s response to the problem: rather than end the cartel that is causing the problem, the legal community ... Civil Gideon and lawyer licensing
The insider trading sideshow in the corporate crime circus
Jesse Eisinger is upset that the wrong people are going to jail. Nobody from Lehman, Merrill Lynch or Citigroup, no top AIG or Bear Stearns executives, no big mortgage company executive, not even Angelo Mozillo. Eisinger dismisses the insider trading prosecutions as a “sideshow” to take attention away from the lack of prosecutions over the banking ... The insider trading sideshow in the corporate crime circus
Alternative careers in law
Conventional law jobs might be getting harder to find, but there are alternatives, as I noted in my work-in-process with Bruce Kobayashi described here. Recent news stories suggest the range of options. Financing divorce cases Here’s the NYT story about Balance Point Divorce Funding, with more from Christine. As the Times story notes, this is ... Alternative careers in law
Free to Choose Wrapup
Thanks to all of the participants for the excellent posts over the last two days. There are a couple of excellent comment threads where the conversation continues, and I hope that over the next few days participants and readers will get a chance to comment on the posts. Indeed, if any of the participants feel ... Free to Choose Wrapup
Ginsburg and Wright on Behavioral Law and Economics: the Never-Ending Quest for a Third Way
In the brave new world contemplated by the advocates of government policies informed by behavioral law and economics, many more aspects of each individual’s life will be regulated, or more stringently regulated, than at present. Within the legal academy, the growth of the behavioral law and economics movement has been dramatic. Surveying all legal publications ... Ginsburg and Wright on Behavioral Law and Economics: the Never-Ending Quest for a Third Way