The Archives

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

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Some Warnings for Modern Pigovians (from Pigou Himself)

We live in a time of optimism about government’s ability to improve upon the unregulated state of affairs. From health insurance to financial markets to the types of fats we eat, cars we drive, and sources of energy we consume, there is a sense among our political, media, and academic elites that our privately ordered ... Some Warnings for Modern Pigovians (from Pigou Himself)

Investor's Bill of Rights

This week the Senate is scheduled to hear debate over the latest financial regulation reform bill (also known as the Dodd Bill).  Part of the Dodd Bill incorporated aspects from a bill from Senator Schumer introduced last summer, against which I testified, called the “Shareholder’s Bill of Rights.”  In light of this week’s momentous events, ... Investor's Bill of Rights

David Balto (and the FTC) gets it woefully wrong on Intel

David Balto has penned a short apologia of the FTC’s Intel case (HT: Danny Sokol).  Unfortunately his defense (and, unfortunately, the FTC’s case) is woefully misguided. Balto writes: Intel has been clearly dominant in the market for central processing units (CPUs) with between 80 percent and 98 percent of the market. The practices at issue ... David Balto (and the FTC) gets it woefully wrong on Intel

Getting The Cart Before The Horse Exposes the Horse's Rear

Will someone remind me just why the USDA and DOJ are hosting their little Antitrust in Ag roadshow this year? The Associated Press reports today that the USDA is set to release a new set of regulations on the livestock and poultry industries. Reporter Christopher Leonard describes the new regulations as “the most sweeping antitrust ... Getting The Cart Before The Horse Exposes the Horse's Rear

Elena Kagan Email on the Solomon Amendment

A story in the WSJ Today describes how Elena Kagan is likely to face opposition based on her stance against the Solomon amendment, a law which denied schools federal funding if they failed to allow military recruiters on campus.  Dean Kagan, along with a number of other law school deans, challenged the law in Court ... Elena Kagan Email on the Solomon Amendment

Clerkships in Delaware for Aspiring Corporate Lawyers

Students interested in pursuing a career in corporate law often confront me about clerking in the Delaware Courts.  If you’ve taken basic Business Law in law school, you know that the Delaware Supreme Court and the Delaware Court of Chancery are the source of American corporate law, owing to the fact that corporate law is ... Clerkships in Delaware for Aspiring Corporate Lawyers

TOTM Descends on Minnesota

Several TOTM bloggers will be at the Minnesota Conservative and Libertarian Legal Colloquim this Friday at the University of Minnesota Law School.  JW Verret and I will definitely be there, and word on the street is that co-blogger Todd Henderson might also make an appearance. The rest of the lineup is great, including (at least) ... TOTM Descends on Minnesota

Klick on Libertarian Paternalism: The Dangers of Letting Someone Else Decide

Jonathan Klick (Penn) is next up in the Cato Unbound forum on libertarian paternalism featuring entries from Glen Whitman and Richard Thaler (and one from Shane Frederick coming).  My initial reaction to Thaler’s response to Whitman was that it was far too dismissive, defensive, and a bit out of tone for my own liking, but ... Klick on Libertarian Paternalism: The Dangers of Letting Someone Else Decide

Blaming the D.C. Circuit for Regulatory Failure?

Washington Post columnist Steve Pearlstein offers a novel explanation for “regulatory failure.”  The D.C. Circuit, has, Pearlstein asserts, “has intimidated, undermined and demoralized the regulatory apparatus” by giving insufficient deference to regulators and “opinions that routinely ignore the plain language of statute and the clear intent of Congress.”   Pearlstein holds up three Republican appointees as ... Blaming the D.C. Circuit for Regulatory Failure?

DOJ Stumbling Out Of The Gate On Antitrust In Ag

Wednesday, April 7, J.P. Stadtmueller, U.S. District Court Judge for the Eastern District of Wisconsin, gave the green light for DOJ’s antitrust case against Dean Foods to move forward. Dean had filed a motion to dismiss based on its assertion that the DOJ had failed to provide sufficient evidence to support the DOJ’s antitrust claim ... DOJ Stumbling Out Of The Gate On Antitrust In Ag

Assessing the claims that the Google-AdMob merger will "leverage Google's dominance" and also kill kittens

News items continue to pile up suggesting that the FTC is likely to challenge Google’s acquisition of mobile application and website advertising provider, AdMob.  See this recent article from the Wall Street Journal.  News reports today contain this quote from an anonymous source: “The staff (at the U.S. Federal Trade Commission) believes there is a ... Assessing the claims that the Google-AdMob merger will "leverage Google's dominance" and also kill kittens

"The Chicago School of Economics, which is essentially what you learned in Economics 101 back in college"

That is the latest salvo from Commissioner Rosch in discussing Judge Easterbrook’s opinion in Jones v. Harris.   I cant decide whether this strikes me as more offensive to the Chicago School of antitrust economics or to Judge Easterbrook.  Probably the latter. UPDATE:  Another line from the speech: “On Tuesday March 30th, in a 9-1 decision ... "The Chicago School of Economics, which is essentially what you learned in Economics 101 back in college"