The Archives

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

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Stock Options, Exec. Comp., etc.

I had lunch with a new colleague today, and we discussed both stock options and the SEC’s new Exec. Comp. rule.  My colleague asked many good questions, not the least of which dealt with securities fraud.  Given that I live alone, my conversation with my colleague was the first time I had tested out my ... Stock Options, Exec. Comp., etc.

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

Becker on Chicago's Anti-Big Box Ordinance

Gary Becker has an important post on the political economy and economic consequences of Chicago’s Big Box ordinance which would raise the costs of using low skilled labor for the affected retailers. The punchline is not surprising. It is a bad ordinance that “will hurt the very groups, African-Americans and other poor or lower middle ... Becker on Chicago's Anti-Big Box Ordinance

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