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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"

The Economics of Celebrity Endorsements

Bob Greene (CNN) argues that celebrity endorsements are meaningless.  Worse than that, according to Greene, celebrity endorsements necessarily amount to a raw deal for consumers: This is all elementary. If someone accepts cash in exchange for offering a positive evaluation of something, then the evaluation must be tossed out. It’s worse than meaningless.  Yet in ... The Economics of Celebrity Endorsements

IP Colloquium: The First Sale Doctrine

For TOTM readers who might not know already, Professor Doug Lichtman (UCLA) has put together a great series of programs over at IP Colloquium. The IP Colloquium is an online audio program focused on patent and copyright issues where Professor Lichtman interviews guests from academia, business, and the judiciary to discuss current topics (archives available ... IP Colloquium: The First Sale Doctrine

Antitrust Exam Question: Do the Major Institutional Investors Have an Antitrust Problem?

The Wall Street Journal is reporting that major institutional investors — CalPERS, CalSTRS, the Teacher Retirement System of Texas, etc. — have collectively adopted a set of recommended practices that is “rankling” private equity firms. Had I not discussed the article in my Antitrust class, I’d use it as the basis for an exam question. ... Antitrust Exam Question: Do the Major Institutional Investors Have an Antitrust Problem?