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More on Dodd-Frank
Continuing on the Conglomerate Dodd-Frank forum, I have posts on the federalization of insurance regulation and on the provocative question of whether there is anything in D-F worth keeping.
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
Conglomerate forum on Dodd-Frank
It’s up. Here’s my first post (hint, it’s not favorable).
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 SEC’s 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 SEC’s 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
Nudging Antitrust (Part 2): Do Critiques of Behavioral Antitrust Have Any Bite?
Part 1 of this short blog series on “Nudging Antitrust,” focused on defining Commissioner Rosch’s recently articulated vision of behavioral economics as it relates to antitrust and competition policy and its differences with more “conventional” economic approaches that are bound by the rationality assumption. By the way, one should note that these more conventional approaches ... Nudging Antitrust (Part 2): Do Critiques of Behavioral Antitrust Have Any Bite?
Bundles
HT: Freakonomics, photo from Tim Long. Send your other unique bundling examples or put them in the comments.
