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

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Predicting a Few Champions Just for Fun …

Tyler picks the San Antonio Spurs to win the NBA title this year. No time like the present to get on the record with a few of my own. 1. NFL: Bears v. Chargers in the Superbowl. I’m going to go out on a limb (and against Tradesports) and pick San Diego over the Colts ... Predicting a Few Champions Just for Fun …

Medical Self-Defense, Organ Markets, and the Poor

Eugene Volokh has posted a series discussing his new article (forthcoming in Harvard L. Rev.) “Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs,” which I point out because the article claims that bans on organ payments violate patients’ medical self-defense rights. As readers of TOTM know, organ markets are a topic of substantial interest ... Medical Self-Defense, Organ Markets, and the Poor

Dura and Section 10(b)

In my Sec. Reg. class, we are covering Section 10(b) of the Securities Exchange Act of 1934.  One of my students raised a question today regarding Section 10(b) after Dura that left me ruminating.  The student’s question was about whether a selling stockholder who sold at a profit can bring a suit after Dura if the ... Dura and Section 10(b)

Crane and Lambert on Hovenkamp — the Closet Chicagoan

Cardozo professor Dan Crane and I are living parallel lives. We both attended Wheaton College and the University of Chicago Law School (Dan was two years ahead of me). We began teaching at the same time. We both teach antitrust law and have written on bundled discounts. Like Josh, we’re both presenting at the DOJ/FTC ... Crane and Lambert on Hovenkamp — the Closet Chicagoan

eSapience Center for Competition Policy Launches Website

The eSapience Center for Competition Policy (eCCP) has launched its website, and it looks like a very promising resource for competition policy lawyers and economists. The site includes access to eCCP’s Competition Policy International journal (which has already attracted articles from a number of top competition policy writers; here is the link to the latest ... eSapience Center for Competition Policy Launches Website

Long Term Investors and Darts

I read with interest an article on cnn.com indicating that we have been on the “longest down streak since June 2005.†I have two comments: 1.  “The longest down streak since June 2005†is hardly anything to write home about.  We are talking about the longest down streak in the past 16 months, not . ... Long Term Investors and Darts

FTC/ DOJ Section 2 Hearings Continue

The FTC/ DOJ Section 2 Hearings (aka Hearings on Section 2 of the Sherman Act: Single Firm Conduct as Related to Competition) continued earlier this week with a session on tying Wednesday featuring David Evans, Robin Cooper Feldman, Mark Popofsky, Donald Russell, Michael Waldman, and Robert Willig. This link contains presentation materials and will eventually, ... FTC/ DOJ Section 2 Hearings Continue

No More 10-Qs?

According to the Financial Times (via CFO.com), the Big Four accounting firms will recommend in a joint paper to be released tomorrow that the current system of quarterly reports be scrapped for “real-time, internet based reporting encompassing a wider range of performance measures.” It will be interesting to see what exactly they have in mind. ... No More 10-Qs?

Teaching Law Students Economics

Larry Ribstein has an interesting post responding to Professor Warren’s discussion of her own classroom experiences teaching Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 593-94 (1991). Professor Warren describes a discussion with her students involving the notion raised by Justice Blackmun that “passengers who purchase tickets containing a forum clause like that at ... Teaching Law Students Economics

Domain Name Hijacking

Dan Solove over at Concurring Opinions reports on an insidious practice that unfortunately has become increasingly common: domain name hijacking. Here’s how it works. The original owner of a popular website fails to renew its domain name prior to the expiration of the owner’s entitlement. An opportunistic “hijacker” then purchases the name and offers to ... Domain Name Hijacking

The FTC's Noerr-Pennington Report

David Fischer (Antitrust Review) beat me to the punch announcing the FTC’s release of its staff report from the Bureau of Competition and Office of Policy & Planning on the Noerr-Pennington doctrine, which immunizes private actors urging government action from antitrust enforcement. The full text of the report is available here. This should prove to ... The FTC's Noerr-Pennington Report

Please Don’t Regulate Zillowtalk

Several months ago, Geoff posted about Zillow.com, a website purporting to provide “Free, Instant Valuations and Data for 67,000,000+ Homes (…and you don’t have to enter any personal info and no one will contact you).” Several of us played around on Zillow a bit and concluded that it’s not all that accurate at estimating home ... Please Don’t Regulate Zillowtalk