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

Showing results for:  “digital markets act”

Proposed Privacy Legislation

The Obama Administration is advocating a privacy bill.  One provision will limit the use of data to the purpose for which it was collected unless a consumer gives permission for additional uses; another will give consumers increased rights to access information about themselves. Both of these provisions may actually reduce safety of data online.  One additional purpose for which ... Proposed Privacy Legislation

Commisioner Atkins on Mutual Fund Governance Rules and SOX 404

Now available on the SEC’s website is a transcript of a April 27, 2006 speech by SEC Commissioner Paul Atkins given to the Investment Adviser Association. There’s nothing particularly surprising in the speech given Atkins’ well-publicized opposition to many of former Chairman Donaldson’s initiatives, but it is still a good read. In particular, he focuses ... Commisioner Atkins on Mutual Fund Governance Rules and SOX 404

Some implications of the proxy access decision

Bloggers have had much to say about the DC Circuit’s proxy access decision.  Of special note is our own Jay Verret and Steve Bainbridge, who adds a useful roundup.   I have a few additional comments. First, I want to pick up on Jay’s comment that the decision shows the SEC “is an agency with too many ... Some implications of the proxy access decision

Fuld, Mozilo and Raj

The WSJ reports that the investigation of Lehman’s collapse “has hit daunting hurdles that could result in no civil or criminal charges ever being filed against the company’s former executives.” The problem is that, despite Lehman’s examiner’s conclusion that Lehman used tricks (the famous Repo 105) to “paint a misleading picture of its financial condition,” Linklaters ... Fuld, Mozilo and Raj

Privacy and Tracking

First I would like to thank Geoff Manne for inviting me to join this blog.  I know most of my fellow bloggers and it is a group I am proud to be associated with. For my first few posts I am going to write about privacy.  This is a hot topic.  Senators McCain and Kerry ... Privacy and Tracking

Hot off the press: the future of legal education

My oft-blogged paper on the future of legal education, Practicing Theory: Legal Education for the Twenty-First Century, has now been published in the Iowa Law Review (the link takes you to the published version).  Here’s the abstract: Law practice and legal education are facing fundamental changes. Many assume that these changes will force law schools ... Hot off the press: the future of legal education

Appropriate Liability Rules for Tying and Bundled Discounting: A Response to Professor Elhauge

In recent years, antitrust scholars have largely agreed on a couple of propositions involving tying and bundled discounting. With respect to tying (selling one’s monopoly “tying” product only on the condition that buyers also purchase another “tied” product), scholars from both the Chicago and Harvard Schools of antitrust analysis have generally concluded that there should ... Appropriate Liability Rules for Tying and Bundled Discounting: A Response to Professor Elhauge

The prosecutor finds a consolation prize

Lattman: Mr. Bharara’s focus on insider trading has surprised many people on Wall Street. They had expected his office to instead bring criminal charges against top executives at the large banks that were at the center of the financial crisis. The government’s gotten a lot of heat for not charging these executives, including at the ... The prosecutor finds a consolation prize

Antitrust Souvenirs?

From the Antitrust Hotch Potch, a quote from a Microsoft antitrust lawyer referencing the fact that the stripped version of Windows (without the Media Player monopolistically integrated and forced upon consumers to their detriment … ) is being ordered by stores slightly less frequently than the “full” version of Windows, i.e. 1,787 copies versus 35 ... Antitrust Souvenirs?

The remains of Howrey

I have previously covered the death of Howrey. I noted here the question of the extent to which Howrey’s LLP shield will protect its former partners from liability for the firm’s debts, and more generally what can happen following “the swift collapse of big law firms that have no real assets except the lawyers who, ... The remains of Howrey

Revisiting the Supreme Court’s “Pro-Business” Bias

Ed Whelan chimes in on the perennial debate with the most recent data: Those sneaky “corporatist” justices are at it again, cleverly disguising their biases by ruling in favor of employees and/or against corporations in two Supreme Court decisions issued today: 1. In Staub v. Proctor Hospital, the Court, reversing the Seventh Circuit, ruled unanimously ... Revisiting the Supreme Court’s “Pro-Business” Bias

From the Department of "If You Can't Beat 'Em …"

The WSJ is reporting that the American Gaming Association is relaxing its opposition to online gambling in the wake of several bills proposing to ban Internet gambling.  The DOJ’s position has been that online gambling, and not just sports gambling, violates the Wire Act though at least one federal district court has disagreed.  The AGA ... From the Department of "If You Can't Beat 'Em …"

DOJ