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

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The Complexity of Simple Economics

That’s the title of Steve Horwitz’s blog post reflecting on a recent celebration honoring the lifetime contributions of 1986 economics Nobel Prize winner James Buchanan. (HT: Art Cardin for pointing it out on FB) Horwitz describes Bachanan’s comments about how “the most basic insight of economics is fairly simple: the spontaneous order of  the market.” ... The Complexity of Simple Economics

Which CFPB Will We Get?

Todd mentions Elizabeth Warren’s “kick off” speech for the CFPB, in which she accepts the new “President and Special Advisor to the Secretary of the Treasury?” gig, and tells us what the new Bureau is all about: The new consumer bureau is based on a pretty simple idea:  people ought to be able to read ... Which CFPB Will We Get?

The dregs of the Enron case

The government finally dropped its prosecution of Nigerian Barge defendant James A. Brown. Here’s part of the WSJ story by John Emshwiller: At the 2004 trial, prosecutors alleged that Enron’s sale of an interest in three power-producing barges, located off the coast of Nigeria, to Merrill was a sham that allowed the energy company to ... The dregs of the Enron case

Competition in the Evolving Digital Marketplace–Congressional Hearing

I will be testifying tomorrow before the House Judiciary Committee’s Subcommittee on Courts and Competition Policy on competition in the digital marketplace.  My testimony won’t be surprising to readers of this blog–in fact some of it was lifted directly from blog posts that have appeared here.  Also on the panel are Richard Feinstein from the ... Competition in the Evolving Digital Marketplace–Congressional Hearing

Coase and the 800 Pound Man

Ronald Coase has been on my mind quite a bit lately.  His ideas have made a couple of recent appearances in my business organizations class.  As I’ve explained before, we spend the first day of Bus Orgs contrasting F.A. Hayek’s The Use of Knowledge in Society, which argues that central planning is destined to fail because planners cannot gather ... Coase and the 800 Pound Man

On Forbes.com: Some thoughts on Wall Street 2

If you can’t wait for the movie, here’s my Forbes.com column.

Me Too @ Cato’s Constitution Day

Like Larry, I’ll be at Cato on Constitution Day.  TOTM will be well represented.  While Larry covers Jones v. Harris and mutual funds, I’ll have my sights on the Roberts Court’s recent decision in American Needle v. NFL.   See you there! The abstract of my paper (co-authored with Judd Stone), Antitrust Formalism is Dead!  Long ... Me Too @ Cato’s Constitution Day

The Supreme Court and mutual funds @ Cato

I’ll be helping Cato celebrate Constitution Day and the soon-to-be-published edition of their latest Supreme Court Review with my contribution on last term’s Jones v. Harris: Federal Misgovernance of Mutual Funds. See Walter Olson’s summary of the panel on the business cases. Here’s the abstract of my paper: In Jones v. Harris Associates, the Supreme ... The Supreme Court and mutual funds @ Cato

Sometimes words escape me

In a reply to a comment on my post about the proposed burning of the Koran, I condescendingly lectured someone about their claim that the First Amendment might not protect Koran burning because it was akin to shouting “fire” in a crowded theater. Turns out, the commentator has company on the Supreme Court. In an ... Sometimes words escape me

The Microsoft-Google Antitrust Wars and Public Choice: There is Too An Argument Against Rival Involvement in Antitrust Enforcement

How should an economist interpret the fact that Microsoft appears to be “behind” recent enforcement actions against Google in the United States and, especially, in Europe? “With skepticism!”  Is the answer I suspect many readers will offer upon first glance.  There is a long public choice literature, and long history in antitrust itself, that suggests ... The Microsoft-Google Antitrust Wars and Public Choice: There is Too An Argument Against Rival Involvement in Antitrust Enforcement

The Audacity of Nope

Please note that the following post is a bit off-topic for this blog and represents my own opinion only, not that of any of my co-bloggers. But, hey, it’s Saturday. For the past 599 days, we’ve had a talented young Democratic President and Democratic majorities in both the U.S. House of Representatives and the U.S. ... The Audacity of Nope

FTC v. Ovation Opinion

The opinion in Ovation (i.e. FTC v. Lundbeck) is now available.  Commentary to follow. UPDATE: The first footnote in Judge Ericksen’s opinion notes that “the FTC and Minnesota began their closing argument by disclaiming the notion that these cases were ‘about unhappiness about the high price of Indocin.’  Nevertheless, the FTC and Minnesota cited in ... FTC v. Ovation Opinion