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Paternalism and the iPod, Part Trois
The WSJ Law Blog reports (via this AP Report) that the French law allowing regulators to force Apple to make its iPod compatible with rival offerings went into effect Thursday. “Me too” regulatory movements are already underway in Britain, Norway, Sweden, Poland and Denmark. This, as Microsoft plans to introduce “Zune,” its entry into the ... Paternalism and the iPod, Part Trois
Law’s Primacy in L&E
Kudos to Josh for pointing us to Judge Posner’s fascinating and on the whole quite favorable review of Steven Shavell’s Foundations of Economic Analysis of Law. Posner’s most interesting statement in the essay may well be: “It is curious but true that, although economics is intellectually more sophisticated than law and though there is—recognition of ... Law’s Primacy in L&E
Cramer on Sirius/XM
A few weeks ago I suggested here that a merger between the two satellite radio firms, Sirius and XM, would not necessarily be as much of an antitrust problem as Sirius CEO Mel Karmazin seems to think. Now market analyst Jim Cramer has weighed in on the issue and encouraged Karmazin to have Sirius do ... Cramer on Sirius/XM
My article on the hydraulic theory of disclosure regulation
My article, The Hydraulic Theory of Disclosure Regulation and Other Costs of Disclosure is available at SSRN. Although it will be published in the Alabama Law Review in January (or so), it is still in pretty rough form — the timing of various events dictated submission to law reviews before I solicited comments or finalized ... My article on the hydraulic theory of disclosure 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.
New paper: Missed Opportunities in Independent Ink
My paper for the 2006 Cato Supreme Court Review, Missed Opportunities in Independent Ink, is now available on SSRN. Justice Stevens’ opinion for the unanimous court in Independent Ink rid antitrust law of the misguided, ill conceived, and universally criticized presumption of antitrust market power in patent tying cases. Very few dispute the wisdom of ... New paper: Missed Opportunities in Independent Ink
An Antitrust Trifecta
From Hanno Kaiser at the excellent Antitrust Review on a wide range of antitrust issues and events. Here is a brief tour through the trio and some initial reactions: 1. Hanno on Peggy Zwisler’s article in 20 Antitrust 40-43 (2006): Volvo Trucks v. Reeder-Simco: Judicial Activism at the Supreme Court. Hanno takes some issue with ... An Antitrust Trifecta
Posner on the Overlapping Generations of Law and Economics
Richard Posner reviews Steven Shavell’s Foundations of Economic Analysis of Law in the most recent issue of Journal of Economic Literature (June 2006). Not to take anything away from Posner’s review of the merits of Shavell’s treatise, and his detailed analysis of Shavell’s treatment of particular areas of law (e.g. intellectual property), but to me ... Posner on the Overlapping Generations of Law and Economics
PCAOB’s position on spring-loading
PCAOB recently issued an audit practice alert entitled Matters Related to Timing and Accounting for Option Grants. The alert mostly addresses option backdating and potential resulting improper accounting. Spring-loading is only mentioned in a footnote on page 2: In addition, academic research has suggested the possibility that some issuers may have purposely granted options immediately ... PCAOB’s position on spring-loading
Walter Williams on the "Truly Disgusting" Internet Gambling Crackdown
Here’s a taste: If the Internet Gambling Prohibition Act is approved, it will become a precedent for congressional control over other aspects of the Internet and an important loss in our liberty. Let’s follow the money and ask who benefits should the law be passed. What about legal gambling establishments in Las Vegas, Atlantic City ... Walter Williams on the "Truly Disgusting" Internet Gambling Crackdown
Road Trip With Judge Robert Bork
I was in the car for 10 hours this weekend, driving from Richmond, VA, to upstate New York. Though Judge Robert Bork was not technically in the car with me, I spent most of my driving hours listening to his book, Slouching Towards Gomorrah, on tape. (I borrowed the book on tape two or three ... Road Trip With Judge Robert Bork
Bill Henderson Responds: The Empirics of Affirmative Action, Part II
A few days ago I asked about where we stand on the empirics of affirmative action, and more specifically, Richard Sander’s well known result that affirmative action at law schools harms blacks. I even called out folks who had been following the debate more closely: I am really looking for empirical answers from folks that ... Bill Henderson Responds: The Empirics of Affirmative Action, Part II