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

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Starbucks Store Traffic and Nonexclusivity

Traffic at Starbucks shops open for 13 months or more is down one percent. Does this mean that the public is finally losing its appetite for Starbucks? Not necessarily. While traffic is down, profits are up. Thus a more likely explanation for the new data is the firm’s price increase last summer rather than a ... Starbucks Store Traffic and Nonexclusivity

Scrapping the Notion of Fiduciary Duties Owed to Shareholders

U of Chicago Law Professors Douglas Baird and M. Todd Henderson (my very smart, very tall law school classmate) recently posted a provocative paper on SSRN. The paper, Other People’s Money, contends that “the oft-repeated maxim that directors of a corporation owe a fiduciary duty to the shareholders” is an “almost-right principle that has distorted ... Scrapping the Notion of Fiduciary Duties Owed to Shareholders

United/Delta

Yet another major airline merger appears to be in the works: United and Delta. This calls for some antitrust analysis. A few months ago, Thom did a thorough job analyzing the antitrust aspects of AirTran’s proposed takeover of Midwest. The key point in Thom’s analysis was that assessment of an airline merger’s economic effects properly ... United/Delta

The Roberts Courts Antitrust Philosophy: You Say Harvard, I Say Chicago …

The debate over the whether the current Supreme Court’s decisions are more accurately described as influenced by the Chicago School, the Harvard School, Post-Chicago thinking, or other influences has recently attracted a great deal of scholarship from premier antitrust scholars (e.g. FTC Commissioner William Kovacic’s article on the identifies a Chicago/Harvard double-helix structure in the ... The Roberts Courts Antitrust Philosophy: You Say Harvard, I Say Chicago …

The Truth About Reverse Mergers

For those interested in small company finance, I’ve recently posted on SSRN a draft of the short piece I’ve written for the Entrepreneurial Business Law Journal symposium issue. The piece is entitled “The Truth About Reverse Mergers” and can be downloaded here. Here’s the abstract: The Article examines the reverse merger method of going public. ... The Truth About Reverse Mergers

Bill Henderson Takes On the California Bar

Bill tells the story of his research team’s failed attempt to get data from the California Bar to test a possible mismatch effect in law schools.  Bill’s prepared remarks are here.  He sums up the case for disclosing the data aptly at the end of his post: But if we fail to diagnosis factors that ... Bill Henderson Takes On the California Bar

The Chicago School As A Virus?

Danny Sokol points to Spencer Webber Waller’s “The Chicago School Virus.”  Given the paper’s title, the fact that I’ve written previously on the irresponsible or misleading usages of the term Chicago School, and the author’s predilection to take shots at the Chicago School more generally (previous attempts include describing Hovenkamp’s recent movement toward Chicago School views as imposing the “thinking man’s ... The Chicago School As A Virus?

The Canseco Effect in the Legal Academy?

Eric Gould and Todd Kaplan have posted an interesting paper (highlighted at the WSJ Economics Blog) identifying the “Canseco Effect.”  They test baseball player Jose Canseco’s impact on his teammates productivity in response to Canseco’s assertion in his book that he made he improved his teammates’ performance by introducing them to steroids.  Turns out he ... The Canseco Effect in the Legal Academy?

Conference: End of the Microsoft Antitrust Case?

The Searle Center at Northwestern University School of Law will be holding a conference on this subject starting a week from today on Thursday, November 15th.   I’m very much looking forward to participating.  I will be a discussant on a panel focusing on the contracts at issue in the Microsoft case, and responding (along with ... Conference: End of the Microsoft Antitrust Case?

MAE in the Sallie Mae Case

Back in April, private equity fund J.C. Flowers, along with JP Morgan Chase and Bank of America, agreed to acquire Sallie Mae, the largest provider of student loans in the United States. Between then and now, Congress passed the College Cost Reduction and Access Act of 2007 (CCRAA), which reduced in various ways the subsidies ... MAE in the Sallie Mae Case

When In Doubt, Ask the Internet …

Geoff doesn’t vote. Neither do many of my economist friends. In fact, they laugh at me for voting. But I do. The joke will be on them if I’m the tiebreaker, wont it? Anyway, in the search for some shortcuts this presidential election season, I decided to try the Selectsmart 2008 President Selector Quiz (HT: ... When In Doubt, Ask the Internet …

Radiohead results

The results are in:  Radiohead did . . . ok.  Before I share the specifics, let me remind you of what one seemingly prescient prognosticator said a few weeks ago: My prediction: They will receive an average price of $2 and a median price of $0.   So what happened? Of those who downloaded Radiohead’s digital ... Radiohead results