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

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Milton Friedman, RIP

As most readers will know by now, Nobel Laureate Milton Friedman passed away earlier this morning. The WSJ tribute is worth reading for those unfamiliar with Friedman’s many contributions to economics and policy. Nobel Laureate Paul Samuelson’s comment is the closest I have seen to capturing the magnitude of Friedman’s influence: “No one in the ... Milton Friedman, RIP

Carlton & Picker on Antitrust and Regulation

Dennis Carlton and Randy Picker have posted Antitrust and Regulation on SSRN. It looks like a very interesting paper on the relationship between antitrust and regulation to control competition. Here’s the abstract: More than a century ago, the federal government started controlling competition, first railroads through the Interstate Commerce Act and then the general economy ... Carlton & Picker on Antitrust and Regulation

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.

WaPo on stock options

WaPo provided its two cents on option backdating in an editorial appearing yesterday (see here). Its solution is to rein in the use of stock options, perhaps through regulation, and instead go with restricted stock. The reason: “options are opaque” and therefore “invite abuse.” Well that’s certainly a convincing argument for stripping corporations of a ... WaPo on stock options

FTC/DOJ Exclusive Dealing Testimony Preview

As promised, I am posting here my powerpoint slides for my testimony on exclusive dealing at the FTC/DOJ Section 2 Hearings, as well as the two papers upon which my analysis is based: Powerpoint slides: Wright Exclusive Dealing Testimony Benjamin Klein and Joshua D. Wright, The Economics of Slotting Contracts, forthcoming in JLE in 2007. ... FTC/DOJ Exclusive Dealing Testimony Preview

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?