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

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Are Republicans crazy?

My brilliant and beloved colleague Brian Leiter refers to Republican voters as “sociopaths, villains, religious zealots, and crazies.” There is much to this – the 50 percent or so of the voting population that traditionally vote for the GOP includes its fair share of misinformed nuts. But is there any reason to believe that Republicans have ... Are Republicans crazy?

Tax

Rhetoric Versus Reality, Part III

President Barack Obama, June 1, 2009: What we are not doing, what I have no interest in doing, is running GM. GM will be run by a private board of directors and management team with a track record in American manufacturing that reflects a commitment to innovation and quality. They, and not the government, will ... Rhetoric Versus Reality, Part III

Never Let A Crisis Go To Waste, Vietnam Edition

In light of economic worries in Vietnam, the WSJ reports that the country is soon likely to impose a widespread set of price controls and restrictions on political activity after an encouraging move toward freer markets: Carlyle Thayer, a veteran Vietnam watcher and professor at the Australian Defense Academy in Canberra, says conservative factions in ... Never Let A Crisis Go To Waste, Vietnam Edition

Daubert and Antitrust Economics, Or When Should An Antitrust Economist Have Training in Economics?

Judge Saris’s district court opinion denying the motion to exclude one of the plaintiff’s economic experts in  Natchitoches Parish Hospital v. Tyco International recently came across my desk.  It is an interesting case involving allegations that Covidien, a leading supplier of “sharps containers” used for the disposal of various needle-involving medical products (syringes, IVs, etc.) ... Daubert and Antitrust Economics, Or When Should An Antitrust Economist Have Training in Economics?

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"

Drawing lines

One of the first things law students learn is that law is mostly about drawing lines between acceptable and unacceptable conduct. Some lines are easy to draw: murder is out; giving money to charitable causes is in. But even in these cases, there are definitional and moral puzzles at the boundaries. When is taking a ... Drawing lines

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?