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

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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

Now, Everyone, Gasp In Surprise

Alan Greenspan has been revered in political and media circles since his benevolent reign over times of fortune as the Chair of the US Federal Reserve. Now Mr. Greenspan has acknowledged what many of us have been saying for a long time: fiscal stimulus didn’t work. (insert gasps of surprise here) Now, to his credit, ... Now, Everyone, Gasp In Surprise

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 shrinking of Big Law

The ABA Journal reports that eight Seyfarth Shaw lawyers, “a substantial portion of the public sector practice group at Seyfarth until last month,” have formed a small boutique in the Chicago suburbs focusing on local governments. The result is a lower-overhead firm that can cut its rates by 10-15% vs. Seyfarth’s charges. The article explains ... The shrinking of Big Law

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

Some Links

SCOTUS judge and law clerk selection as principal-agent / incomplete contracting problem (Orin Kerr) How to read an academic article (Peter Klein), though what seems missing are decision-rules for when articles should be “rejected” for a full-read after skimming The Washington Post reports that antitrust at the Varney DOJ isn’t much different than antitrust under ... Some Links