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

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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

More on Elizabeth Warren on Theory and Interpreting Data

With all the talk about the CFPB, Elizabeth Warren has been in the news lately.  The blogs too.  Most of the discussion has been about whether or not Timothy Geithner is a friend or foe to the Democrats’ preferred option of getting Warren nominated as the first chief of the CFPB.  Today, Megan McArdle started ... More on Elizabeth Warren on Theory and Interpreting Data

The Dell rule

More than three years ago I provided this “corporate crime primer”: The Apple Rule provides for an exception from corporate criminal liability when a popular business executive is accused of, or presides over a company that is accused of, misconduct. “Popular” is defined as “liked by journalists.” * * * By contrast, when an “unpopular” ... The Dell rule

Elizabeth Warren on fact, law and theory

Since Professor Warren is much in the news lately, I thought it was time to reprise my post on her from almost four years ago. Also read the comments. Enjoy.

Copyright Trolls

A new business model for newspapers?  From Wired (HT: Kevin Ohlhausen): Steve Gibson has a plan to save the media world’s financial crisis — and it’s not the iPad.  Borrowing a page from patent trolls, the CEO of fledgling Las Vegas-based Righthaven has begun buying out the copyrights to newspaper content for the sole purpose ... Copyright Trolls

A Book That “Underpromsises and Overdelivers”

So says Professor Zagros Madjd-Sadjadi (Winston-Salem State University) about the volume on Pioneers of Law and Economics (which I edited along with my colleague Lloyd Cohen, and to which I contributed a chapter on the contributions of Ben Klein to law and economics).  The full book review, appearing in the American Review of Policy Economy, ... A Book That “Underpromsises and Overdelivers”

Mad Men returns

I’ve described Mad Men as a wonderful illustration of my theory about how business is portrayed in film (here it’s television, but much of the theory still holds): [A]rtists are inclined to view business as not just different from but antithetical to what they do. Artists (at least modern artists) are into self-expression. In other ... Mad Men returns

The pressures on prosecutors

Tomorrow’ WSJ has an interesting story that sheds light both on why we haven’t seen prosecutions from the recent financial crisis, and why we saw so many before that. The story discusses the decision not to prosecute AIG’s Joe Cassano – the “man who crashed the world.” I discussed this decision last April, noting how ... The pressures on prosecutors

Battling the mistrust-makers

My contribution to Forbes.com’s special feature on The Trust Gap. I discuss the mistrust industry, particularly including journalists and politicians, and its contribution to the weakening of capitalism.