The Archives

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

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Who Has the Moral High Ground Here?

Life in the inner city can be hard. Jobs are scarce, prices are high, and transportation is difficult, making it hard to travel significant distances to work or shop. So when major retailers announce plans to enter the inner city, hire lots of employees, turn their neighborhoods into shopping destinations (thereby encouraging the creation of ... Who Has the Moral High Ground Here?

Happy Constitution Day!

GMU will celebrate Constitution Day today with a debate between Professors Neomi Rao and Todd Zywicki (of VC fame). Here are the details: Worth Wining About!  Should You Have a Constitutional Right to be Your Own Wine Importer? A lively discussion of Granholm v. Heald. Featuring Professors Neomi Rao and Todd Zywicki. Moderated by Professor ... Happy Constitution Day!

Barnett on Antitrust, IP, and Apple at the GMU Antitrust Symposium

Yesterday I had the pleasure of participating in a panel discussion on standards for single firm conduct in the United States and the EU at the George Mason Antitrust Symposium, which focused on antitrust issues in the global marketplace (and I might add, was put together quite nicely by the GMU Law Review folks). The ... Barnett on Antitrust, IP, and Apple at the GMU Antitrust Symposium

Another Antitrust Violation in the Making at the Ivies?

Harvard College is cutting its early admissions program. According to the New York Times, which is pleased with this move, Harvard’s purported reasons for cutting the program are as follows: It will make the system fairer because students from sophisticated backgrounds and affluent high schools are far more likely to apply for an early admission ... Another Antitrust Violation in the Making at the Ivies?

Law & Liturgy

I love Ethan Leib’s interesting idea of reading the legal pronouncements of Jewish liturgy in light of later legal developments–and vice versa. Ethan suggests creatively that an allusion to the liturgy of Yom Kippur (the Jewish day of atonement) may be found in Cardozo’s famous opinion in Jacob & Youngs v. Kent: “The willful transgressor ... Law & Liturgy

Interest Rates and Antitrust

Today’s Israeli newspapers have an interesting story about a multibillion dollar antitrust suit that an Israeli manufacturing firm has brought against Israel’s three major banks. The complaint alleges that the banks price colluded on rates, charging identically in five distinct rate categories: a uniform prime rate always 1.5% above the central bank’s; a uniform risk ... Interest Rates and Antitrust

New article on Board vs. Shareholder power

Lynn Stout from UCLA School of Law just posted a paper on SSRN entitled “The Mythical Benefits of Shareholder Control.” The article is forthcoming in the Virginia Law Review. Here’s the abstract: In ‘The Myth of the Shareholder Franchise‘ [also forthcoming in the Virginia Law Review], Professor Lucian Bebchuk argues that the notion that shareholders ... New article on Board vs. Shareholder power

New Paper on Option Backdating

Speaking of option backdating, David Walker from Boston University School of Law has just posted a new working paper on SRRN entitled “Some Observations on the Stock Option Backdating Scandal of 2006.” Here’s the abstract: The corporate stock option backdating scandal has dominated business page headlines during the summer of 2006. The SEC is currently ... New Paper on Option Backdating

SSRN Top Tens for Corporate, Corporate Governance, and Securities Law

The current SSRN top tens for corporate, corporate governance, and securities law are after the jump.

Welcome to the Consumer Law & Policy Blog

The CL&P Blog, which is sponsored by the Consumer Justice Project, is up and running and promises: “[A]nalysis of the latest judicial decisions, commentary on current research and scholarship in consumer law, and discussion of a wide range of topics, such as consumer class actions, mandatory binding arbitration, predatory lending, debt collection, identity theft, and ... Welcome to the Consumer Law & Policy Blog

Are Dr. Miles' Days Numbered?

Maybe. WSJ Law Blog reports that SCOTUS may revisit the nearly century old precedent applying the per se rule to minimum resale price maintenance (RPM). Dr. Miles may well be the last vestige of antitrust before consumer welfare’s promotion as the guiding principle of the Sherman Act, which is to say, before economics had a ... Are Dr. Miles' Days Numbered?

Glaxo and the Value of Litigation Reserves

Experts opined yesterday on the announcement of GlaxoSmithKline’s $3.4 BILLION (*BILLION*) settlement with the IRS over litigation related to Glaxo’s transfer pricing.  Transfer pricing, as defined by the WSJ: “That practice, called “transfer pricing,” is the art of attaching a monetary value to trademarks, patents, research and other intangibles that one arm of a multinational company ... Glaxo and the Value of Litigation Reserves