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

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Majority Voting Trial Balloon

One of the purported advantages of blogging is it allows a blogger to float a “trial balloon†relating to traditional scholarship he/she has in the works. Readers then comment on the balloon which leads to an improved piece. So here’s my trial balloon: I’ve been working on a piece about majority voting for the election ... Majority Voting Trial Balloon

Henry Manne and Corporate Democracy

On January 2, 2007, Dean Henry Manne published a column in the WSJ regarding corporate democracy.  In this column, Manne takes a stab at shareholder voting and corporate democracy.  Manne maintains that shareholder activists are deluding themselves with the phrase “corporate democracy” in that only the controlling s/h have and will ever have a true voice ... Henry Manne and Corporate Democracy

AMC Releases Tentative Recommendations

The tentative recommendations of the Antitrust Modernization Committee are out, and include Commissioner vote counts for various propositions. The recommendations largely take the form of propositions that the AMC Commissioners joined, did not join, or were undetermined. Here are a few that caught my eye on an initial read-through (note that 2-5 apply to merger ... AMC Releases Tentative Recommendations

Henderson on Judicial Pay: Constitutional Crises Everywhere or Nowhere?

Bill Henderson has a nice post on Chief Justice Roberts’ claim that judicial pay has reached the point of creating a “constitutional crisis.” Lots of bloggers (see, e.g., my colleague Ilya Somin at VC) have made the point that they are not impressed with the data the Chief has mustered in favor the assertion that ... Henderson on Judicial Pay: Constitutional Crises Everywhere or Nowhere?

Josh Wright, Antitrust Superstar

The FTC announced this week perhaps its best decision since . . . well, ever:  Chairman Deborah Platt Majoras today announced the appointment of Professor Joshua Wright to the newly created position of Scholar-In-Residence in the Bureau of Competition of the Federal Trade Commission. With this new position, the Commission will invite an academic expert ... Josh Wright, Antitrust Superstar

Steamy Espresso

A few weeks ago, I suggested that Belvi’s antitrust suit against Starbucks is weak and ought to be dismissed. This report in today’s Seattle Times further strengthens the case for dismissal. Competition in the Seattle market for espresso is apparently more intense than Belvi’s complaint would have us believe!

"Loyal" Directors in Delaware

In November of 2006, the Delaware Supreme Court issued an opinion in Stone v. Ritter dealing with a director’s fiduciary duties in cases where the complaining plaintiff-shareholder is maintaing that her directors did not sufficiently monitor their corporate charge. (I refer to these “oversight” cases loosely as “asleep at the wheel” cases.) There has been ... "Loyal" Directors in Delaware

Consumer Reports: Car Seats Might Be Safe After All

Consumer Reports has recalled a study of rear-facing infant car seats that claimed that many seats failed crash tests using standards tougher than the National Highway Safety Traffic Administration’s. Apparently, NHSTA contacted Consumer Reports after reading the study and concluded that: “The organization’s data show its side-impact tests were actually conducted under conditions that would ... Consumer Reports: Car Seats Might Be Safe After All

Antitrust Superprecedent

Shubha Ghosh, of the Antitrust & Competition Policy Blog, is predicting that the Supreme Court will not overrule the 1911 Dr. Miles decision, which holds that “vertical minimum resale price maintenance” (i.e., a manufacturer’s imposition of minimum resale price for his goods) is per se illegal. Ghosh explains: [T]he grant of cert in Leegin is ... Antitrust Superprecedent

Becker and Posner on "Libertarian Paternalism"

Becker and Posner take on “libertarian paternalism” this week. The entries are both worth reading, especially for the parts where these co-bloggers disagree. Here are my favorite passages from each.  First, Posner attempts to distinguish his previous defense of the NYC trans-fat ban from good old-fashioned paternalism: It might seem that the good could be ... Becker and Posner on "Libertarian Paternalism"

Revisiting Two Classics as the New Semester Begins

Last Friday was the first day of my Business Organizations class. We began with two articles that have profoundly influenced my thinking about the world in general and the business world in particular. To inaugurate the new semester, I thought I’d take a moment and pay tribute to the insights in those articles (and solicit ... Revisiting Two Classics as the New Semester Begins

Lott v. Levitt: Low Stakes?

Michael Abramowicz over at Concurring Opinions has an interesting post about the ongoing litigation between economists John Lott and Steven Levitt. Lott’s suit alleges that Levitt defamed him in his recent book Freakonomics by suggesting that Lott’s research on the relation between guns and crime could not be “replicated” by other scholars and in a ... Lott v. Levitt: Low Stakes?