The Archives

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

Showing results for:  “digital markets act”

If government is the problem, when is Google the solution?

Via the WSJblog, I see that Google and the government are tangling again over the government’s effort to obtain search records (this time relating to porn-viewing-by-children enforcement efforts) (I guess that should read anti-porn-viewing-by-children enforcement efforts). It reminds me of a post of Dan’s on Concurring Opinions from a while back that I wanted to ... If government is the problem, when is Google the solution?

Sarbanes-Oxley: Linux Users Beware

As you may have guessed from my previous posts, I’m not a big fan of Sarbanes-Oxley, so I generally appreciate the criticism it receives. Some of the criticism, however, is almost comical. Take for example Steve Ballmer’s statement last month: ”The Ballmer children do not have their Xbox 360 yet…Thanks to the wonders of Sarbanes-Oxley, ... Sarbanes-Oxley: Linux Users Beware

Cumulative Voting for Directors

While working on my last post, I discovered that Hewlett-Packard’s certificate of incorporation provides for cumulative voting in the election of directors. This made me curious as to how many other public companies have cumulative voting so I googled it. I came up with this article which says about 10% of the companies in the ... Cumulative Voting for Directors

Coase and Smoking: Who’s the Victim Here?

Today’s New York Times reports on a new cigarette bar in Chicago, where the city council has just imposed a sweeping smoking ban. (I recently criticized the ban at Ideoblog.) The proprietors of the Marshall McGearty Tobacco Lounge insist that the lounge is permitted because of a loophole allowing smoking in retail tobacco shops. Not ... Coase and Smoking: Who’s the Victim Here?

Majority Voting For Directors

According to this SocialFunds.com article, the hot issue with activist shareholders for the upcoming proxy season is majority voting for the election of directors. ISS estimates that shareholder proposals for the adoption of majority voting will be submitted to over 100 companies (up from 79 last year). These proposals generally call for a bylaw amendment ... Majority Voting For Directors

Of Prices and Price Gouging

Price gouging regulations (PGRs) have been a popular topic of late in the blogosphere, particularly in the wake of increased post-Katrina (and Rita) gasoline prices. Becker and Posner make the now familiar economic case against PGRs here and here. The basic economic argument against PGRs is well tread ground which I will not repeat here. ... Of Prices and Price Gouging

On disclosure, a continuing series

We all know that our securities regulatory regime is predominantly a disclosure regime, meaning the regulators, for the most part, don’t impose substantive regulations on securities issuers, but require only accurate, timely disclosure of certain information. And as against a more intrusive, substantive regime, I think this is preferable, even in its current, fairly intrusive ... On disclosure, a continuing series

Alito and Antitrust (Part II)

A few weeks back, Josh had a nice post (on Ideoblog) regarding Judge Alito’s antitrust record. He was pretty optimistic, dismissing Judge Alito’s antitrust critics and concluding that “what little Judge Alito has written on antitrust issues is properly described as fastidious analysis complemented by strict application of doctrine.” Some of Judge Alito’s comments in ... Alito and Antitrust (Part II)

Stealth Anti-Churning Measure?

The W$J had an article last week about a new rule under the Investment Advisers Act of 1940 that goes into effect on January 31, 2006 (click here for the article [$], here for a post on the W$J blog concerning the article, and here for the SEC adopting release). This posts takes a different ... Stealth Anti-Churning Measure?

Drugs and federalism

I’m no expert on the topic (I anxiously await Randy Barnett’s comments), but does anyone else think the opinion in Gonzales v. Oregon issued today (limiting the application of the Controlled Substances Act and upholding Oregon’s assisted suicide law) could have been a masterful dissent in Gonzales v. Raich (reading the Controlled Substances Act to ... Drugs and federalism

Blogs, Law Reviews, and the Economics of Superstars

Does the world really need yet another business law blog? Is the market for business law commentary truly underserved? Can a new blog like ours serve any useful purpose in a blogosphere already blessed with Bainbridge, Becker-Posner, Conglomerate, Ideoblog, 10b-5 Daily, and many other outstanding sites? While “no� might well be the answer to all ... Blogs, Law Reviews, and the Economics of Superstars

"TM"ing the Blogosphere

It looks like people take issue with our use of TM after our name and tagline. See Gordon’s post at the Conglomerate and this comment from Josh’s post: Great blog, but do you really want to trademark this: “Academic commentary on law, business, economics and moreâ€?? It’s tacky. There are millions of bloggers out there, ... "TM"ing the Blogosphere