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The collection of all scholarly commentary on law, economics, and more

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Does the Insider Trading Ban Apply to Congressional Staffers?

In a front-page article entitled Congress Staffers Gain from Trading in Stocks, the Wall Street Journal reports that “72 aides on both sides of the aisle traded shares of companies that their bosses help oversee.” That finding was based on an “analysis of more than 3,000 disclosure forms covering trading activity by Capitol Hill staffers ... Does the Insider Trading Ban Apply to Congressional Staffers?

Congratulations…but let’s not over do it

I was waiting to write something about today’s announcement of the Nobel Memorial Prize in Economics being awarded to Diamond, Mortensen, and Pissarides. Josh has already provided his thoughts and provided links to comments by Ed Glaeser and Steve Levitt, respectively. As they describe it, the honorees’ research provides a theory of unemployment, explaining why ... Congratulations…but let’s not over do it

Information vs. advice

I’ve been writing about the transition of the lawyer market from advice to information. I posted about my talk last Friday in Seattle.  My article, “Owning the Law,” with Bruce Kobayashi is in the works. So I was interested in the relevance to this project of Bloomberg Government, discussed in the NYT (HT Zaring).   Bloomberg ... Information vs. advice

Nobel Prize for Unemployment Theory

Congratulations to Peter A. Diamond, Dale T. Mortensen, Christopher A. Pissarides for taking home the 2010 Nobel Prize.  As Alex Tabarrok notes, this year’s prize can usefully be thought of as a prize for unemployment theory.  See also Tyler Cowen’s profiles of Diamond, Mortensen, and Pissarides.  I think the most useful short summary of this ... Nobel Prize for Unemployment Theory

Zuckerberg as evil capitalist

I still haven’t seen “The Social Network” (waiting to watch it at home), but that won’t stop me from writing about it, as long as others are.  Gordon Crovitz, writing in today’s WSJ:  The hit movie * * * is crafted through the lens of lawsuits brought by others seeking a piece of the company, ... Zuckerberg as evil capitalist

Mankiw on taxing the rich

I suppose that the Obama tax plan is something this blog should stay away from.  But I can’t resist a note on Mankiw’s NYT column.  Mankiw makes all the “correct” disclaimers:  he’s being “narcissistic,” yes he can “afford to pay more in taxes,” “I don’t have trouble making ends meet,” “I am almost completely sated.”  ... Mankiw on taxing the rich

Tax

Is Delaware uncorporate law unconstitutional?

It is well known that Delaware unincorporated entity statutes (e.g., 6 Del. Code Section 18-1101) permit the waiver of all fiduciary duties, not only of care, but also of loyalty.  Now along comes Lyman Johnson, a respected corporate scholar, to argue, in Delaware’s Non-Waivable Duties that those statutes violate the Delaware constitution (HT Pileggi).  Johnson ... Is Delaware uncorporate law unconstitutional?

Nobel Speculation Time

Every year around this time, I repeat my prediction that Armen Alchian, Harold Demsetz, and Ben Klein will win the Nobel Prize for contributions to the theory of the firm, property rights, and transaction cost economics.  I understand that last year’s prize makes this combination less likely, but I see no reason to deviate.  I ... Nobel Speculation Time

DeLong on Henderson III

On October 3 I wrote:  The DeLong point I want to focus on is his last:  “I genuinely do not understand why Henderson has his job.” By which he means Todd’s law professor job. DeLong’s sole reported basis for this is a post, not by Todd, but by my co-blogger Jay Verret, who refers to a ... DeLong on Henderson III

Misbehavioral Economics: The Case Against Behavioral Antitrust

In a policy speech earlier this year, Commissioner J. Thomas Rosch of the Federal Trade Commission advocating the incorporation of behavioral economics into antitrust analysis suggested one concern that others might have with the approach was that “behavioral economics was simply liberalism masquerading as economic thinking.”   The Commissioner himself has been a vocal proponent of ... Misbehavioral Economics: The Case Against Behavioral Antitrust

Thomas and Wells on executive compensation

We recently welcomed Harwell Wells to the Illinois Corporate Colloquium to discuss his and Randall Thomas’s Executive Compensation in the Courts: Board Capture, Optimal Contracting and Officer Fiduciary Duties.   The paper suggests a new approach to controlling executive compensation:  the courts.  The paper is partly historical, noting that courts have, in fact, been “surprisingly ... Thomas and Wells on executive compensation

Surowiecki on business in film

James Surowiecki, the New Yorker’s financial columnist, discusses “Money Never Sleeps” and “The Social Network.” Along the way he briefly recaps the history of business on film, citing the definitive work on the subject:  The law professor Larry Ribstein, in his paper “Wall Street and Vine,” calls the late eighties “the golden era of anti-capitalist ... Surowiecki on business in film