The Archives

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

Showing results for:  “digital markets act”

Some Historical Perspective on Today’s High-Tech Patent Wars

The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry– I’m shocked, shocked to find the New York Times publishing biased articles on hot topics in politics and law — but Bloomberg also published an important article yesterday on the smart phone war, software ... Some Historical Perspective on Today’s High-Tech Patent Wars

Close corporations in the age of LLCs

On Friday I’m joining Eric Gouvin, Lyman Johnson, Mark Loewenstein, Bob Thompson, Dan Kleinberger, Benjamin Means, Doug Moll, Deborah DeMott and Massachusetts Justice Francis X. Spina at a Western New England College conference on “Fiduciary Duties in the Closely Held Firm 35 Years after Wilkes v. Springside Nursing.”  Not surprisingly, I’ll be talking about the ... Close corporations in the age of LLCs

A fourth of Big Law is about to disappear

Am Law Daily reports on a Hildebrandt analysis (HT Law Blog) predicting “that nearly 27 percent of the 65,000 non-partner positions at Am Law 200 firms could be cut or recategorized as lower-paying positions over the next five to seven years.”  Causes include “flat demand for legal services,” price pressure from clients, outsourcing, Six Sigma ... A fourth of Big Law is about to disappear

Rethinking Intellectual Property Theory: A Review of Rob Merges’s Justifying Intellectual Property

My colleague, Eric Claeys, has posted to SSRN an interesting and important review of Robert Merges’s new book, Justifying Intellectual Property (Harvard University Press, 2012).  Here’s the abstract: This article contributes to a symposium issue on the Philosophical Foundations of Intellectual Property. In a popular Saturday Night Live skit, a famous record producer helps a ... Rethinking Intellectual Property Theory: A Review of Rob Merges’s Justifying Intellectual Property

Teleforum on Software Patents on Tuesday, Nov. 6, at 2pm

A nice way to take a break from Election Day stress about this fingernail-biting-close election is to listen to some panelists talk about something that is truly important — software patents! 🙂 It a great panel, notwithstanding my participation, and it promises to be a lot of fun and informative.  So, call in for the ... Teleforum on Software Patents on Tuesday, Nov. 6, at 2pm

Who’s Flying The Plane?

It’s an appropriate question, both figuratively and literally. Today’s news headlines are now warning of a looming pilot shortage. A combination of new qualification standards for new pilots and a large percentage of pilots reaching the mandatory retirement age of 65 is creating the prospect of having too few pilots for the US airline industry. ... Who’s Flying The Plane?

The Ban on General Solicitation and Advertising

I blogged last week about the recommendations concerning Sarbanes-Oxley 404 adopted by the SEC Advisory Committee on Smaller Public Companies at a meeting on 12/14/05 (see here).  The transcript of the meeting is now available on the SEC’s website (click here).  Today I want to talk about a different recommendation adopted by the committee that ... The Ban on General Solicitation and Advertising

Nobel Speculation Time

Every year around this time, I repeat my prediction that Armen Alchian, Harold Demsetz, and Ben Klein will win the Nobel Prize for contributions to the theory of the firm, property rights, and transaction cost economics.  I understand that last year’s prize makes this combination less likely, but I see no reason to deviate.  I ... Nobel Speculation Time

Nacchio’s Puzzling (Innovative?) Defense

An article in today’s W$J reports on former Qwest CEO Joseph Nacchio’s planned defense in a criminal insider trading action brought by the SEC. The defense is perplexing. The SEC has accused Nacchio of selling $101 million of Qwest stock while in possession of inside information that the firm wasn’t doing as well as its ... Nacchio’s Puzzling (Innovative?) Defense

The Case for Copyright

Mark Schultz, law professor and specialist in copyright law, has written an excellent response to the Republican Study Committee policy brief on copyright law that has been making the rounds on the Internet the past several days.  Although the RSC promptly retracted the policy brief, the blogosphere has erupted in commentary on what appeared to ... The Case for Copyright

The Grasso Case and Board Reverberations

The Law Blog asks “Will the Grasso Ruling Reverberate in Corporate Boardrooms?†The post includes the following quotes from some “executive pay gurus†via Business Week: • H. Rodgin Cohen, Sullivan & Cromwell: “The precedent-setting issue here: a CEO’s duty to inform the board fully about his or her pay and the board’s duty to ... The Grasso Case and Board Reverberations

More Milton Friedman Institute Commentary

While much has been said about the recent Milton Friedman Institute scuffle at the University of Chicago (including here at TOTM here), Chicago GSB Professor John Cochrane’s scathing comments on the original Protest letter have stirred up some additional commentary worth reading.  In particular, Craig Newmark (who adds the new fact that apparently the Protest ... More Milton Friedman Institute Commentary