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The Obama tax increases
The biggest and most important issue for the next few months won’t be immigration, the New Black Panthers, or even the war in Afghanistan. Huge tax increases are headed our way, and it raises tough questions. On the one hand, signaling we are serious about deficits is likely a good thing. But, since politicians haven’t ... The Obama tax increases
Capitalism as a solution for poverty
SKS Microfinance, India’s largest microfinance lender, did a $354 million IPO Wednesday. This may encourage others to do likewise. The result would be much more money for very small loans. Sounds good, but it’s meeting objections: A publicly traded company’s traditional obligation is to make money for its shareholders, while the mission of microfinance — ... Capitalism as a solution for poverty
On Forbes.com: Let the whistleblowers trade
Dodd-Frank has elaborate provisions for encouraging reporting of fraud by rewarding whistleblowers. In my Forbes.com column for this week I propose another idea to elicit information: allowing insider trading.
Microsoft LLC
Holman Jenkins, writing in today’s WSJ, criticizes Steve Ballmer’s management failures that have left its investors with a decade of “dead money.” At bottom, this is a corporate governance problem. Manifestly, the solution is not to let management keep stepping up to the plate with shareholder money and promising home runs that never materialize. Nor ... Microsoft LLC
The shareholder maximization canard
Al Franken buys the old idea that corporate managers have a duty to maximize shareholder value. Todd Henderson appropriately sets Franken (and others ignorant of corporate law) straight. Todd reminds them that the business judgment rule gives managers the flexibility to do pretty much what they want, including help society, as long as they don’t ... The shareholder maximization canard
The government reward for doing a bad job
In the world of competitive markets, if one does a bad job, the typical result is less resources, less power, and more oversight by interested parties. If a firm makes a bad product, there will be fewer profits, lost market share, and additional attention from Consumer Reports, plaintiffs’ lawyers, and regulators. In the world of ... The government reward for doing a bad job
The shareholder wealth maximization myth
In a recent speech at the Netroots Nation, Senator Al Franken tried to frighten the crowd by trotting out the corporate bogeyman that greedily makes decisions without regard to anything other than profit. Franken told them: “it is literally malfeasance for a corporation not to do everything it legally can to maximize its profits.” Individuals ... The shareholder wealth maximization myth
Don Draper as rainmaker and filmmaker
As I discussed a few days ago, Mad Men is back. I saw two of my themes intersecting here – law firms, and filmmakers’ portrayal of business. Sunday’s first episode had protagonist Don Draper suffering the burdens of being the key guy in his office – what a law firm would call a rainmaker. As ... Don Draper as rainmaker and filmmaker
Lessons from Cambodia
This is a little off-topic, but it’s something I gotta say. Last month I visited Tuol Sleng Genocide Museum in Phnom Penh and came away deeply impressed with the importance of confronting the consequences of abandoning civilians to ruthless and lawless regimes. The linked website has a picture of a sign at the school converted ... Lessons from Cambodia
The criminalization of Lance Armstrong
Today’s WSJ says that federal prosecutors are going after Lance Armstrong in connection with his alleged use of performance-enhancing drugs based on documents from a private arbitration case. The article notes that “Mr. Armstrong has repeatedly denied doping allegations and has not been charged with any wrongdoing” and that “[u]sing performing-enhancing techniques in sports is ... The criminalization of Lance Armstrong
Obama, Antitrust, and the Great Recession
On the campaign trail, Barack Obama made an issue of the ostensibly lax state of antitrust enforcement during the Bush administration. Christine Varney’s first public act as head of the Antitrust Division was to withdraw the Bush Antitrust Division’s unilateral monopolization report and announce that trustbusting against dominant firms was back on the agenda. Expectations ... Obama, Antitrust, and the Great Recession
TOTM Welcomes Dan Crane
TOTM is pleased to announce Professor Daniel Crane (Michigan Law) as — for now we hope — a guest blogger. Dan is a prolific scholar in antitrust and intellectual property. Dan’s recent work has focused on antitrust and economic regulation, particularly the institutional structure of antitrust enforcement, predatory pricing, bundling, and the antitrust implications of ... TOTM Welcomes Dan Crane
