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Behavioral Law and Economics of Contracts
After receiving the page proofs last week, I’m posting “Behavioral Law and Economics, Paternalism, and Consumer Contracts: An Empirical Perspective” to SSRN. I wrote this paper for last year’s NYU Journal of Law & Liberty Symposium on Behavioral Economics’ Challenge to the Classical Liberal Program. The basic idea of the paper is an evaluation of ... Behavioral Law and Economics of Contracts
Professor Bainbridge is Back
ProfessorBainbridge.com is up and running as a “hub” for Prof. B’s three blogs on politics, law and economics, and wine and food. The new site looks pretty sharp too! Go check it out.
Here We Go Again? The Transatlantic Fireworks over Microsoft Begin …
EU Competition Commissioner Neelie Kroes responds to the USDOJ Antitrust AG’s criticism of the recent Microsoft decision: “It is totally unacceptable that a representative of the U.S. administration criticized an independent court of law outside its jurisdiction … The European Commission does not pass judgment on rulings by U.S. courts, and we expect the same ... Here We Go Again? The Transatlantic Fireworks over Microsoft Begin …
Businesses Clamoring for More Regulation — It’s Like Rain on Your Wedding Day.
Within the last few days, the nation’s two most prominent newspapers have reported an interesting trend: businesses are seeking more government regulation. On Sunday, the New York Times ran an article entitled In Turnaround, Industries Seek U.S. Regulation. Yesterday’s Wall Street Journal featured Food Makers Get Appetite for Regulation. Some might argue that this is ... Businesses Clamoring for More Regulation — It’s Like Rain on Your Wedding Day.
Reactions to the Microsoft Decision
The reaction to the CFI’s Microsoft decision (press release here) thus far has been largely negative. Here’s a sample: Luke Froeb: “Disappointingly, the Court failed to articulate a principle that would tell firms when they are competing on the merits and when they are going to violate the increasingly murky European antitrust rules about dominant ... Reactions to the Microsoft Decision
Is It Monday Yet?
Danny Sokol pre-blogs Monday’s expected EU Microsoft decision. His punchline: this decision has the potential to cause substantial Trans-Atlantic discord and magnify the divergence between EU and US approaches to unilateral firm conduct, with important implications for the role of the ICN in facilitating convergence and harmonization across jurisdictions. I’m sure there will be a ... Is It Monday Yet?
Why Wasn't Belichick Suspended?
An assistant coach takes a substance banned by the NFL to treat diabetes. He is fined one third of his salary and suspended for 5 games. An NFL head coach violates an NFL rule concerning videotaping the opposition during a game from the sideline for fear that such conduct might impact the outcome of the ... Why Wasn't Belichick Suspended?
More on Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
Steven Davidoff responded to my blog here last week regarding Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc. and made the excellent point that just how bad for Merrill the representation I quoted really was depends in part on the limitations on indemnification that were included in the purchase agreement. For example, if the ... More on Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
The Roberts Court's Antitrust Philosophy: Chicago School, Harvard School, or Neither?
Danny Sokol points to Professor Einer Elhauge’s (Harvard) forthcoming paper in Competition Policy International where he argues that recent Supreme Court antitrust jurisprudence reflects a choice in favor of the Harvard School rather than the Chicago School of antitrust analysis. I recommend Professor Elhauge’s analysis to our readers for at least two reasons. The first ... The Roberts Court's Antitrust Philosophy: Chicago School, Harvard School, or Neither?
Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
Last week the Second Circuit Court of Appeals decided Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc. (available here), which involved fraudulent inducement and breach of warranty claims in connection with a business combination agreement. The case is a straightforward application of familiar principles of blackletter law. I mention it because of certain highly ... Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
What Does it Feel Like to Be Cut From an NFL Team?
Princeton graduate and Washington Redskins offensive lineman Ross Tucker’s six year NFL career came to an end last week when he was cut by the team and subsequently discovered a career-ending injury. In Peter King’s MMQB column over at CNNSI, Tucker delivers a touching first-hand account of his experience. Here’s a short excerpt where Tucker ... What Does it Feel Like to Be Cut From an NFL Team?
Interesting Section 2 Developments
A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions v. PeaceHealth (9th Cir.) and Broadcom v. Qualcomm (3rd Cir.). First, the Ninth Circuit’s decision in Cascade Health Solutions v. PeaceHealth reversed the district court’s Lepage’s based jury instruction in ... Interesting Section 2 Developments
