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

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Regulating Local Food Out of the Market

The Nanny Brigade has once again descended on the Windy City. It previously sought to protect us from unhealthy trans fats, smoking in private establishments that we voluntarily patronize, and those oh-so-offensive theatrical depictions of smoking. The Nannies are now working to protect Chicago’s well-heeled from risks associated with the locally produced, artisanal sausages sold ... Regulating Local Food Out of the Market

Paul Krugman is a partisan hack

Occasionally I read Mr. Krugman’s column for entertainment purposes — sort of like watching Project Runway or Animals Gone Wild. This morning was one of those occasions. The man is a partisan hack of the worst sort. Why does anyone take his political observations seriously? Some thoughts about this morning’s column. 1. Krugman starts by ... Paul Krugman is a partisan hack

Henry Manne on Henderson on "Art and Politics"

Comes now a comment from the incomparable Henry Manne on my earlier post about whether I should buy “Sandinista!” by the Clash (See, Art and Politics post): “It is truly déjà vu all over again, and the doubling up is appropriate because the issue I have reference to took place mainly at the University of ... Henry Manne on Henderson on "Art and Politics"

Update on backdating

It’s been quite a while since we discussed backdating here at TOTM.  But back when it was all the rage, we were substantial contributors, formulating (we believe) some of the first fundamental explanations of the issues.  Some of the best posts from our backdating archive are here: I look pretty young but I’m just backdated, ... Update on backdating

Art and Politics

When I first met my father in law, he spent hours trying to convince me of the cultural superiority of his tastes. Some of these were indeed triumphs. I’m thinking here of “Dr. Strangelove,” “The 400 Blows,” and the music of Richard Wagner. (Others were not. I’m thinking here of “Children of Paradise,” a movie ... Art and Politics

"Diminishing the price of law"

The lesson from Jones, see my post below, is that law untamed can be very costly, and with little benefit. This is, of course, not a new idea. In a critical essay of “Southey’s Colloquies on Society,” Lord Thomas Macaulay wrote eloquently about the cost of law and government: “Our rulers will best promote the ... "Diminishing the price of law"

Who decides how much to pay?

What is the proper role for judges in deciding how much investment advisers to mutual funds should be compensated? This is the question the Supreme Court will answer in Jones v. Harris Associates, argued last month. At first, the question seems silly: courts don’t get a say in how much I get paid or how ... Who decides how much to pay?

Welcome new TOTM blogger Todd Henderson

We are delighted to announce the addition of another new permanent blogger here at TOTM:  University of Chicago law professor Todd Henderson.  Like Thom, Todd is a member of the venerable University of Chicago Law School class of 1998 (second only to the most-venerable class of 1997!).  Todd is an expert in corporate law and ... Welcome new TOTM blogger Todd Henderson

Debating Google

Apologies for the late notice on this.  Last week I was on a Federalist Society panel discussing Google’s antitrust issues with Rick Rule, Susan Creighton and Scott Cleland.  The event description follows, and you can find audio of the panel here.  It was an interesting discussion, full of nice ironies in that Microsoft’s chief outside ... Debating Google

Features v. Bugs: Intel and the Relationship Between Sections 2 and 5

There will be much to say about the Federal Trade Commission’s Intel complaint in the coming months.  And we’ve said quite a bit already.  But having just read the complaint and the statements from Chairman Leibowitz and Commissioner Rosch discussing the various rationales for making Section 5 the primary hook for this case, I wanted ... Features v. Bugs: Intel and the Relationship Between Sections 2 and 5

Another Mis-step in Reactionary Regulation

Today’s Wall Street Journal reports that Senators Cantwell and McCain are preparing legislation to reinstate Glass-Steagall-type restrictions to create a “firewall” between commercial and investment banks. Apparently Rep. Hinchey is preparing a similar assault in the House. The purpose behind the proposal, according to Ms. Cantwell, is so that “banks will stop diverting resources to ... Another Mis-step in Reactionary Regulation

It's a Section 5!

The FTC brought its long-awaited case against Intel today.  New York Times report here.  Of course we’ve covered the various antitrust claims against Intel at great length on this blog, and have found all of the theories wanting. Chairman Leibowitz’ statement is here.  Most notable at first glance is that this is being brought primarily ... It's a Section 5!