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

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The Demise of Property Rights Has Been Greatly Exaggerated …

My colleague Tom Hazlett (George Mason University) has a characteristically thoughtful and provocative column in the Financial Times on the recent Clearwire joint venture and what it tells us about the “innovation commons” and current public policy debates such as network neutrality, spectrum property rights, and municipal wi-fi. Here’s an excerpt: Clearwire-Sprint-Intel-Google-Comcast-TimeWarner-McCaw blasts away barriers ... The Demise of Property Rights Has Been Greatly Exaggerated …

What is the Worst Antitrust Decision That is Good Law?

There’s been a bit of discussion about the “most destructive” decision that is good law around the blogs, e.g. here and here, in response to John McCain’s criticism of Boumedine calling it “one of the worst decisions in the history of this country.” The line of discussion led me to think about the titular question. ... What is the Worst Antitrust Decision That is Good Law?

Public Comments in FTC v. N-Data Decision

Available here.

Autism Misinformation Continues

First from McCain, who first claimed that there was “strong evidence of a link between vaccines and autism” and now has since revised his position acknowledging that there is no scientific evidence supporting such a link and emphasized his support for autism research.  See also Overlawyered, and here, and here.   Obama has made similar ... Autism Misinformation Continues

Recommended Antitrust Reading for the Next Administration

The August issue of the Antitrust Source will feature several short contributions from lawyers, judges, professors, and economists in the antitrust community suggesting some recommended reading (a book, scholarly article, or judicial opinion) for the transition team members of the new administration.  A preview of my submission appears below the fold:

Bainbridge on Diversity at UCI Law School

Professor Bainbridge sees an interesting tension in the successful initial hiring at the UCI Law faculty: Liberals like Chemerinsky say that affirmative action is necessary so that a school can “look like” the community it serves. In this case, however, it seems to be okay with just about everybody that Chemerinsky’s law school doesn’t reflect ... Bainbridge on Diversity at UCI Law School

The Filesharing Debate Gets Ugly

David Glenn brings us the latest in the filesharing dispute.  HT: Peter Klein, who says sensible things about the newest, and ugliest piece of the controversy: Strumpf suggests that Liebowitz is pressing the issue so zealously because Liebowitz’s center at UT-Dallas receives funding from the RIAA and “other commercial interests,” a charge I find shockingly ... The Filesharing Debate Gets Ugly

More From Henry Manne on The Future of Law and Economics

The following email from Henry Manne takes up our previous discussion of the future of law and economics (available here in downloadable form) and is published with permission. I’ve inserted a few links where Manne references a few blog posts responding to our earlier discussion. With that said, here is Manne: It is a little ... More From Henry Manne on The Future of Law and Economics

More on the Milton Friedman Institute

Dan Drezner raises the plausible possibility that the real reason for the objection of some 8% (101) of the full-time faculty to the Milton Friedman Institute at the University of Chicago, which we blogged about earlier here, is “grounded less on ideology and more on an effort to ensure these departments get a bigger slice ... More on the Milton Friedman Institute

Baker on Market Concentration and Horizontal Mergers

Jonathan Baker (American University) has posted Market Concentration in the Antitrust Analysis of Horizontal Mergers to SSRN. Baker’s article is another of the entries which will be appearing in the forthcoming Antitrust Law and Economics volume edited by Keith Hylton (Elgar Publishing) (see this post for links to others).  Here is the abstract: This handbook ... Baker on Market Concentration and Horizontal Mergers

Kobayashi on the Law and Economics of Predatory Pricing

My colleague and co-author Bruce Kobayashi has posted The Law and Economics of Predatory Pricing to SSRN and is forthcoming in Keith Hylton’s Antitrust Law and Economics volume (Edward Elgar Publishing).  It is a comprehensive and insightful review of the expansive legal and economic literatures on this topic.  Here’s the abstract: This chapter reviews the ... Kobayashi on the Law and Economics of Predatory Pricing

A Few Thoughts on Privacy and Antitrust

In the comments to this post, Peter Swire (Ohio State) points to some recent comments (see also here and  here) he submitted to the Federal Trade Commission on how to incorporate privacy into conventional antitrust analysis.  The privacy and antitrust link appears to be something that will receive quite a bit of attention in the ... A Few Thoughts on Privacy and Antitrust