The Archives

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

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The Law Of Household Economics

Yesterday the W$J ran an article with the above-referenced title (see here). The gist of the article is that whenever a household is blessed with an unexpected windfall, it will be cursed by an equal, unexpected cost. When I read the column, I thought to myself that it’s funny because it’s true. Now I’m thinking ... The Law Of Household Economics

Behavioralism and the Problem of Conflicting Quirks

I’ve been spending quite a bit of time with the behavioralists lately. I recently read Dan Ariely’s interesting book, Predictably Irrational: The Hidden Forces that Shape Our Decisions. Then I heard Tom Ulen give a nice overview presentation at the recent Silicon Flatirons conference on the New Institutional Economics. I’m currently reading Cass Sunstein and ... Behavioralism and the Problem of Conflicting Quirks

Cert Granted in Linkline

The Supreme Court has granted cert in Pacific Bell Telephone Co., dba AT&T California v. linkLine Communications in order to address the question of whether a Section 2 “price squeeze” claim is viable under the Sherman Act if the defendant has no duty to deal.  (HT: Scotusblog, which also has all of the relevant links). ... Cert Granted in Linkline

The NWU 2 Year Program

Bill Henderson has some thoughtful commentary on Northwestern University’s announcement of its 2 Year JD.  He likes it.  Here’s an excerpt: So let’s get this straight:  NWU Law is going to attract applications from all the experienced, motivated students who want their elite JD degrees in two years versus three.  Then it is going to ... The NWU 2 Year Program

Chairman Kovacic Announces the "FTC at 100" Self-Assessement Exercise

Chairman Kovacic has posted a paper announcing a major self-assessment initiative at the FTC: The FTC at 100: Into our Second Century.  Here is the opening paragraph: Albert Cummins was one of the chief sponsors of the Federal Trade Commission Act of 1914. In the weeks before the passage of the legislation that would create ... Chairman Kovacic Announces the "FTC at 100" Self-Assessement Exercise

Call for Antitrust Papers

From the Mississippi College School of Law: The Mississippi College Law Review is issuing a call for papers pertaining to antitrust law. The Law Review has published several themed issues in the past two years, and wishes to publish an article concerning antitrust, as the Law Review has not published any articles on this topic ... Call for Antitrust Papers

"Its nonsensical to object"

So says Jagdish Bhagwati about the recent objections by 100 or so University of Chicago faculty members to the establishment of the Milton Friedman Institute.  (HT: Chicago Tribune).  Here’s the whole quote as reported from the Chicago Tribune: “It is nonsensical to object. . . . Chicago should be proud it has someone like Milton ... "Its nonsensical to object"

Economics & Ideology Again

Crooked Timber has a very interesting post up on the minimum wage debate (HT: Brian Leiter).  I want to comment on the sub-theme of the post (and the theme picked up in the title of Leiter’s post), which was that economics ideologically driven by pro-market bias which results in the publication of pro-market findings over ... Economics & Ideology Again

Kobayashi & Wright on Antitrust Limits, Federalism and Patent Holdup

I’ve posted to SSRN my new article (co-authored by my colleague Bruce Kobayashi), Federalism, Substantive Preemption, and Limits on Antitrust: An Application to Patent Holdup. We presented an earlier version of our analysis at the George Mason/ Microsoft Conference on the Law and Economics of Innovation and benefited significantly from comments from the discussants and ... Kobayashi & Wright on Antitrust Limits, Federalism and Patent Holdup

The Future of Law and Economics on SSRN

I’ve compiled (with some light editing) the blog posts from the future of law and economics series into an article, including the response from Henry G. Manne, entitled “The Future of Law and Economics: A Discussion.”  For those interested in reading the blog posts in their original form, along with the comments, I’ve indexed the ... The Future of Law and Economics on SSRN

Global Competition Review FRAND Roundtable

Global Competition Review recently sponsored a roundtable on FRAND commitments and their antitrust implications. The transcript is available here. It was moderated by Helen Jenkins (Oxera), and participants included Bernard Amory (Jones Day), George Cary (Cleary Gottlieb, advising Broadcom in its suit against Qualcomm), Damien Geradin (Howrey, advising Qualcomm), Matias Dewatripont (Universite Libre de Bruxelles), ... Global Competition Review FRAND Roundtable

RPM and the NIE

I’ve just spent a couple of great days in spectacular Boulder, Colorado at a conference on the New Institutional Economics (NIE). (Not sure why the “the” is required, but it always seems to be used.) The conference, organized by Colorado Law’s Phil Weiser and hosted by the Silicon Flatirons Center for Law, Technology, and Entrepreneurship, ... RPM and the NIE