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What’s the Optimal Level of Sports Rivalry?
Michael Jordan says he would have never called Larry Bird or Magic Johnson to join forces because “honestly, I was trying to beat those guys.” Jordan catches himself, notes its a different era now, and concludes about the LeBron-Wade-Bosh cooperation that he “can’t say that’s a bad thing.” Dan Shaugnessy (ESPN) recounts how Cardinals pitcher ... What’s the Optimal Level of Sports Rivalry?
Bad and good news for law students
Most of what we hear about the lawyer market tracks current employment figures at law firms. Everybody knows they’re down. Today’s WSJ discusses laid-off lawyers who have found it so bad they’re leaving law altogether and going into things like comedy. But then it’s bad all over, so this may be about the economy. Well, ... Bad and good news for law students
When political preferences masquerade as political necessity
Josh has recently discussed his thoughts about the intellectual trajectory of the newly-minted CFPB and how that intellectual trajectory might influence the selection of the Bureau’s first director–presumed to be either Michale Barr or Elizabeth Warren. His is a brief, dispassionate and intellectually-honest assessment. But given Simon Johnson’s brief, intemperate and intellectually-devoid assessment of the ... When political preferences masquerade as political necessity
Brussels LLM in Competition Law and Economics
Nicolas Petit, who blogs at Chillin’ Competition and teaches at the University of Liege, has started an ambitious, new LLM in competition law and economics at something called the Brussels School of Competition. It strikes me as interesting and helpful for being an academic law and economics program focused very clearly on practitioners and practical ... Brussels LLM in Competition Law and Economics
Ben Stein Offers Up Some Economic Advice for the Unemployed
Ben (“as the economist I am”) Stein has some thoughts on this great recession and the lessons that one must learn from it. He cannot help but share them with you. With his so-called “economist” hat on, Mr. Stein reveals tells us something about the casualties of the economic crisis: Lazy people. And bad people ... Ben Stein Offers Up Some Economic Advice for the Unemployed
Congress enables a start-up
The WSJ reports on the sad state of venture capital: [F]und raising has now come to a near halt. Thomson Reuters estimates U.S. venture-capital funds raised just $1.9 billion in the second quarter. By comparison, in the same period of 2000, the peak year, funds raised $33 billion. In 2009, just 170 funds raised new ... Congress enables a start-up
Proxy Access Defense #2
I’ve been working over the summer writing my August submission. Law Review Editors take note, you will be receiving my submission of “Delaware’s Future: Reviewing Company Defenses to Shareholder Proxy Access” within the next few weeks. My last post began a discussion about some of the defenses I have been designing for Boards to defend ... Proxy Access Defense #2
The SECโs strike suit
The SEC is heralding the $550 million settlement in its suit against Goldman as “the largest penalty ever assessed against a financial services firm in the history of the SEC,” and “a stark lesson to Wall Street firms that no product is too complex, and no investor too sophisticated, to avoid a heavy price if ... The SECโs strike suit
Commissioner Rosch’s really weak case for “behavioral antitrust”
Josh’s ongoing series on “Nudging Antitrust” and FTC Commissioner Rosch’s recent thoughts on behavioral economics has been excellent and I look forward to the next installment. Rosch’s speech, not surprisingly, also elicited a strong response from me. What follows are my thoughts on Rosch’s speech, focusing on some of the same issues Josh addressed in ... Commissioner Rosch’s really weak case for “behavioral antitrust”
A “Plain Vanilla” Proposal for Behavioral Law and Economics
I’ve been, for some time, a behavioral law and economics skeptic. Sometimes this position is confused with skepticism about behavioral economics, as in — believing that behavioral economics itself offers nothing useful to economic science or is illegitimate in some way. That’s not true. Now, I have some qualms about the explanatory power of some ... A “Plain Vanilla” Proposal for Behavioral Law and Economics
Fin Reg and Too Big to Fail: A New Kind of Antitrust?
Simon Johnson argues that the conventional antitrust tools of Sherman Act are outdated and ill-equipped to deal with the power of big banks: Why are these antitrust tools not used against today’s megabanks, which have become so powerful that they can sway legislation and regulation massively in their favor, while also receiving generous taxpayer-financed bailouts ... Fin Reg and Too Big to Fail: A New Kind of Antitrust?
Dares, Jokes and Contracts
A fun example for contracts class, to be paired with Judge Kimba Wood’s opinion in Leonard v. Pepsico (remember the Pepsi Points commercial with the Harrier Jet?): Dustin Kolodziej of the San Antonio area said attorney James Mason offered in a “Dateline NBC” interview he would pay $1 million to anyone who could prove him ... Dares, Jokes and Contracts
