The Archives

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

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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

"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

Pioneers in Law and Economics: Benjamin Klein

I’ve mentioned previously that my colleague Lloyd Cohen and I are editing a volume for Edward Elgar Publishing on Pioneers in Law and Economics.   Look for details in this space soon on a full list of contributing authors and subjects as well as where to buy the book!  One of the perks of co-editing a ... Pioneers in Law and Economics: Benjamin Klein

GCP on Single Product Rebates and Bundled Discounts

Global Competition Policy has a new issue out focusing on the antitrust analysis of single product rebates and bundled discounts in the United States and Europe, including articles from: H.E. Frech (UCSB) Benjamin Klein (UCLA and LECG) Jonathan Rubin (Patton Boggs) M. Laurence Popofsky Renato Nazzini (University of Southampton) Johanne Peyre & Laurent Geelhand (Michelin ... GCP on Single Product Rebates and Bundled Discounts

Are Loyalty Discounts Really Anticompetitive?

I promised that I would write about why I think that Professor Elhauge’s claim in his new working paper, “Loyalty Discounts and Naked Exclusion,” that he has proven that loyalty discounts generally involve anticompetitive effects is mistaken. Let me begin by saying that this is a very provocative claim from a very serious antitrust analyst ... Are Loyalty Discounts Really Anticompetitive?

Three From Professor Elhauge on Antitrust

2008 has been a busy year for Harvard Professor Einer Elhauge so far from the looks of his SSRN page (not to mention advising Senator Obama on legal policies). He’s posted three new working papers covering a diverse set of antitrust topics: Loyalty Discounts and Naked Exclusion (purporting to “prove that loyalty discounts create anticompetitive ... Three From Professor Elhauge on Antitrust