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

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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?

Directors and Time Management

I presented my “Not in Good Faith” paper at Cornell this past fall, and Professor Jeff Rachlinski (behavioral wonk, among other things) asked an interesting question that I would like to mention here.  (Let me remind you that my “not in good faith” paper deals with a director’s obligation to act “in good faith.”  My general ... Directors and Time Management

Cluster Hiring in Law Schools?

This article documents the “cluster hiring” strategy employed by the Duke Economics Department over the past several years (HT: Marginal Revolution). The article defines cluster hiring as: “recruiting groups of researchers who share an approach to an academic discipline and have existing relationships.”  Part of the motivation for this hiring strategy was simply to increase ... Cluster Hiring in Law Schools?

A Few Things Economics is Good For …

Professor D’Amato is at it again. And by “it,” I mean making overblown claims that economics is useless (you might recall our last exchange where I responded to his mistaken assertion that economics had not changed antitrust in “any noticeable way”). Here’s his latest from a comment over at Prawfs. Well, what exactly is economics ... A Few Things Economics is Good For …

Henderson on Law School Rankings

Bill Henderson has a characteristically thoughtful post on the relationship between law school rankings and law student attrition at ELS Blog. Bill provides some evidence, based on research from a paper co-authored with Andy Morriss (Illinois), that 1L attrition increased significantly in response to the 1997 incorporation of bar passage into its placement methodology. Bill’s ... Henderson on Law School Rankings

Manne on Shareholder Democracy

Henry Manne is back with another article in the WSJ.  This time Manne goes toe-to-toe with the “corporate democrats.” Profs Ribstein (“Shareholder democracy is just one of the burdens that public corporations have to bear these days”)  and Bainbridge (“it’s a brilliant spanking of the shareholder activists, which I highly commend to your attention”) have ... Manne on Shareholder Democracy

Rubinstein on Behavioral Economics

Ariel Rubinstein (Tel Aviv/ NYU Econ) has posted a critique of behavioral economics. The critique addressses theoretical behavioral economics and the empirical foundations of BE. On the theory: “The psychology and economics literature has replaced a dead parrot (ed. — referring to the model of full rationality) with one that is equally dead. If the ... Rubinstein on Behavioral Economics

Warren on Rationality, Choice, and Regulation in the Credit Card Market

Elizabeth Warren (Credit Slips) points to an interesting empirical study by Agarwal, Liu, Souleses, and Chomsisengphet (“ALSC”) which examines consumer credit card selection in a natural experiment setting in which a card company offers two cards to consumers: (1) a high interest rate, no annual fee card and (2) a low rate card with an ... Warren on Rationality, Choice, and Regulation in the Credit Card Market

The Economics of Customer Service

Is the retail customer willing to pay for customer service?  Gaggles of books have been written on the topic of customer service, and those books sell based on the belief that customers *care* about customer service.  But do they?  Do we?  Do I? The idea that somehow customer service matters to the customer is not ... The Economics of Customer Service